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<br /> <br />Michelle Hatcher <br />June 17, 2009 <br />Replacement <br />Page 2 <br />The proposed source of replacement water is GP Ranches ownership of 284 common <br />shares in Lower Arkansas Water Management Association (LAWMA). Only 37 LAWMA shares <br />will be dedicated to this plan. This water will cover depletions throughout the entire year. A <br />transit loss will -be accounted for by LAWMA as part of their agreement with GP Ranches. If the <br />LAWMA share yield is reduced from the current projection of 0.85 acre-feet per share, more <br />shares will be dedicated to the plan. The monthly depletions and replacement requirements are <br />found on the attached Table 3. <br />Conditions of Approval <br />As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has <br />been provided to an outside consultant for review. I hereby approve the proposed substitute <br />water supply plan in accordance with §37-90-137(11), C.R.S. subject to the following conditions: <br />1. This plan shall be valid through April 30, 2011 unless otherwise revoked or <br />modified. If this plan will not be made absolute by a water court action by the <br />plan's expiration date, a renewal request must be submitted to this office with the <br />statutory fee (currently $257) no later than 90 days prior to the expiration date. <br />2. The Applicant must provide the name, address and phone number of the person <br />who will be responsible for the operation of the plan to this office, the Division <br />Engineer, and the Water Commissioner within 20 days of the receipt of this <br />approval, and must be provided on -the accounting forms submitted to the Division <br />Engineer and Water Commissioner,. <br />3. Prior to operation of the gravel pit pursuant to this plan, the Applicant must obtain a <br />new well permit for the exposure of ground water and the uses described herein in <br />accordance with §37-90-137(2) and (11), C.R.S. Once a permit is obtained, the <br />Applicant must provide all follow up documentation and forms necessary to keep <br />the permit valid. The provisions of §37-90-137(2) prohibit the issuance of a permit <br />for a well to be located within 600 feet of any existing well, unless the State <br />Engineer finds that circumstances so warrant after a hearing in accordance with <br />the procedural rules in 2CCR402-5. The hearing will be waived if you are able to <br />obtain statements from the owners of all wells within 600 feet, verifying that they <br />have no objection to your use of the proposed well. Should a new well permit be <br />denied for reasons of the 600 foot spacing, or any other legitimate reason, <br />approval of this substitute supply plan will be canceled. <br />4. The water consumption and depletions associated with this mining operation must <br />not exceed those amounts listed on the attached Table 2. The total area of <br />exposed groundwater shall not exceed 0.61 acres and total consumptive use shall <br />not exceed 30.8 acre-feet of which 2.5 acre-feet is due to evaporative loss and <br />28.3 acre-feet is industrial consumptive use. Documentation of pond size may be <br />required by the Division Engineer in the form of an aerial photo evaluation or <br />survey by a Professional Land Surveyor during the plan year or in subsequent <br />years covered by renewals of this plan. Any increases in depletions must be <br />submitted to this office as an amendment to this plan. Water delivered to the