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Mr. Jeffrey Clark <br />August 11, 2009 <br />Page 3 <br />by a water court action by the plan's expiration date, a renewal request must be submitted to <br />this office with the statutory fee (currently $257) by June 15, 2010. <br />2. Well permit no. 66131-F was obtained for the current use and exposed pond surface area of <br />the gravel pit pond in accordance with §37-90-137(2) and (11), C.R.S. <br />3. The total surface area of the groundwater exposed at the North Tower Pit must not exceed 28.0 <br />acres during the approval period of this SWSP and the gross evaporative loss shall not exceed <br />98.0 acre-feet. Should the total water surface area at the pit exceed 28.0 acres prior to the <br />expiration date of this SWSP, an amendment will need to be filed with this office. <br />4. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. <br />5. All diversions shall be measured in a manner acceptable to the Division Engineer. The <br />Applicant shall install and maintain such measuring devices as required by the Division <br />Engineer for operation of this SWSP. In addition, the applicant shall maintain daily records of <br />all diversions, replacements, and the amount of water used for each particular purpose. The <br />applicant shall provide a report of these records to the division engineer and the water <br />commissioner on a monthly basis on a form approved by them. The accounting must be <br />submitted within 30 calendar days of the end of the month for which the accounting is being <br />made. <br />In addition, the applicant shall submit a report from the entity making replacements; for this <br />plan, this entity is the City of Brighton. The report shall include an accounting of all <br />wastewater plant water effluent controlled by each entity, showing the total volume of water <br />under its control at the various wastewater treatment plants, and the amount committed to <br />each of the recipients of the water. <br />6. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of the subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until the plan for augmentation in Case No. <br />1990CW39 is decreed. A copy of this approval letter should be recorded with the County Clerk <br />and Recorder. All replacement water must be concurrent with depletions in quantity, timing, and <br />locations. <br />7. All releases of replacement water must be sufficient to cover all out of priority depletions and <br />be made under the direction and/or approval of the Water Commissioner. <br />8. The name, mailing address, and phone number of the contact person who will be responsible <br />for operation and accounting of this plan must be provided on the accounting forms to the <br />Division Engineer and Water Commissioner. <br />9. Reclamation of the mine site produced a permanent water surface exposing groundwater to <br />evaporation, therefore an application for a plan for augmentation was filed with the Division 1 <br />Water Court in Case No. 1990CW39. If a lined pond results after reclamation, replacement of <br />lagged depletions shall continue until there is no longer an effect on stream flow. The <br />approval of this plan does not imply a position by our office on any litigation associated with <br />case no. 1990CW39 or any other case. If a renewal of this SWSP is required the <br />Applicant must include information that describes what steps they have taken towards