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Ms. Sira Sartori <br />Greeley West Pit SWSP (M-77-081) <br />October 19, 2009 <br />SWSP Conditions of Approval <br />Page 3 <br />I hereby approve the proposed substitute water supply plan in accordance with §37-90- <br />137(11), C.R.S. subject to the following conditions: <br />1. This plan is approved with the effective date of November 1, 2009 and shall be valid through <br />October 31, 2010 unless otherwise revoked or modified. If this plan will not be made absolute <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 of $257 no later than September 15, 2010. <br />2. Well permit no. 59809-F was obtained for the current use and exposed pond surface area of <br />the Greeley West Pit in accordance with §37-90-137(2) and (11), C.R.S. Applicant shall <br />comply with the terms and conditions of permit no. 59809-F. <br />3. Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of <br />evaporative depletions is not required for ground water exposed to the atmosphere prior to <br />January 1, 1981 through open mining of sand and gravel, regardless of whether open mining <br />operations continued or were reactivated on or after that date. The Water Court effectively held <br />that Senate Bill 120 of 1989, as amended in Senate Bill 93-260, exempted all pre-1981 exposed <br />ground water regardless of whether open mining operations continued or were reactivated on or <br />after January 1, 1981. <br />4 The total surface area of the groundwater exposed after December 31, 1980 must not <br />exceed 29.7 acres, which results in an evaporative loss of 86.9 acre-feet per year. Should <br />the total consumption at the pit exceed this amount prior to the expiration date of this plan, <br />an amendment will need to be filed with this office. <br />5. Approval of this plan is for the purpose as stated herein. Any additional uses for which the <br />water may be used must first be approved by this office. Any future additional consumptive <br />use credit given (e.g. agricultural water transfer) for this site must consider all previous <br />credits given. <br />6. The water attributable to 7 shares of the Greeley Canal No. 3 must continue to be diverted in <br />priority at the ditch then measured back to the Cache La Poudre River in the vicinity of the <br />Greeley West Pit. Adequate measuring devices acceptable to the water commissioner must <br />be installed. <br />7. All releases of replacement water must be sufficient to cover all out-of-priority depletions in <br />time, place, and amount and must be made under the direction and/or the approval of the <br />water commissioner. The release of replacement water may be aggregated to maximize <br />beneficial use. The water commissioner and/or the division engineer shall determine the rate <br />and timing of an aggregated release. <br />8. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity during the term of this approval. As a condition of subsequent renewals of this <br />substitute water supply plan, the replacement water must be appurtenant to this site until a <br />plan for augmentation is obtained. A copy of this approval letter should be recorded with the <br />County Clerk and Recorder. All replacement water must be concurrent with depletions in <br />quantity, timing and location.