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dared Dains Page 11 <br />South Platte Combined Replacement Plan <br />December 21, 2009 <br />Conditions of Approval <br />I hereby approve this substitute water supply plan, in accordance with Section 37 -90- 137(11), <br />C.R.S., subject to the following conditions: <br />1. Except as noted in condition no. 3 below this SWSP shall be valid for the period of <br />January 1, 2010 through December 31, 2010, unless otherwise revoked, modified, or <br />superceded by decree. Should a request for renewal of this plan be needed, such renewal <br />request must be submitted to this office with the statutory fee (currently $257 per pit) no <br />later than November 15, 2010. <br />2. A well permit,must be obtained for the current use and exposed pond surface area for the <br />gravel pits whose use has expanded since previously permitted. Those gravel pits are <br />denoted above in Table 1. The provisions of Colorado Revised Statute 37 -90- 137(2) <br />prohibits the issuance of a permit for a well to be located within 600 feet of any existing well, <br />unless the State Engineer finds that circumstances so warrant after a hearing held in <br />accordance with the procedural rules in 2CCR402 -5. This hearing may be waived if you are <br />.able to 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 denied for <br />reasons of 600 foot spacing, or any other legitimate reason, approval of the subject gravel pit <br />under this substitute supply.plan will be canceled. <br />3. The Applicant shall provide a copy of the lease with the City of Westminster by <br />October 31, 2010 for the fully consumable replacement water to replace depletions <br />from the operation of the gravel pit sites included in this plan. The Applicant shall <br />provide a copy of the lease to the SEO, division engineer, and water commissioner. If a <br />lease is not provided by October 31, 2010, this plan shall expire on that date and all <br />use of water under this SWSP must cease immediately. <br />4. The applicant may only utilize the 1.5 shares of Smith & Emmons Ditch in this plan if all <br />required measurement and bypass structures have been installed and approved by the <br />water commissioner. In addition, the District 6 water commissioner must be provided prior <br />notification from a ditch company representative prior to delivery of the 1.5 shares of Smith <br />& Emmons Ditch from the river to the head gate. <br />5. The applicant may only utilize the 19.6 shares in the Leggett-Owens Ditch and Reservoir in <br />this plan if all required measurement and bypass structures have been installed and <br />approved by the water commissioner. <br />6. The applicant may only utilize the 240 shares of the Boyd & Freeman Ditch in this plan if <br />accurate measuring and recording devices are installed by April 2010 and those devices are <br />approved by George Varra, the District 3 Water Commissioner. <br />7. The total area of pond surface exposed for each of the pits shall not exceed those values <br />listed in Table 1 of this approval. Should the total surface area exposed exceed those <br />amounts, an amendment will need to be filed with this office. The total amount of ground <br />water to be consumed at the gravel mining operations shall not exceed the values listed in <br />Table 4 of this approval. Should the amount of ground water to be appropriated from each <br />of the pits exceed the values listed in Table 4, an amendment will need to be filed with this <br />office. <br />