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Ms. Sira Sartori <br />February 24, 2010 <br />Page 5 <br />2. A well permit must be obtained for the current use and exposed surface area of the Home <br />Office Pit in accordance with § 37-90-137(2) and (11), C.R.S. in conjunction with this plan. The <br />provisions of Colorado Revised Statute 37-90-137(2) prohibits the issuance of a permit for a <br />well to be located within 600 feet of any existing well, unless the State Engineer finds that <br />circumstances so warrant after a hearing held in accordance with the procedural rules in <br />2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners <br />of all wells within 600 feet, verifying that they have no objection to your use of the proposed <br />well. Should a new well permit be denied for reasons of 600 foot spacing, or any other <br />legitimate reason, approval of this substitute supply plan may be cancelled. An application for <br />a new well permit must be submitted within 45 days of your receipt of this letter. <br />3. The total area of pond surface exposed for each "of the pits shall not exceed those values listed <br />in Table A of this approval. Should the total surface area exposed exceed those amounts, an <br />amendment will need to be filed with this office. <br />4. The total amount of ground water to be appropriated from each of the pits shall not exceed the <br />values listed in Table B of this approval. <br />5. Approval of this elan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. Any future additional historical consumptive use credit <br />given (e.g., agricultural water transfer) for this site must consider all previous credits given. <br />6. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <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. The replacement <br />may be aggregated to maximize beneficial use. The water commissioner and/or division <br />engineer shall determine the rate and timing of an aggregated release. <br />8. Applicant shall replace the net evaporative depletions from the exposed ground water surface <br />area that may occur during the assumed ice covered period (December through February) for <br />any time that the exposed ground water in the pit is not completely covered by ice <br />9. The replacement water, which is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. <br />All replacement. water must be concurrent with depletions in quantity, timing, and locations. <br />10. The name, addrgss, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to the <br />division engineer and the water commissioner. <br />11. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1AccountingCaD-state.co.us) and the water commissioner (George Varra <br />at George.VarraCa)_state.co.us) on a monthly basis or other interval acceptable to both of them. <br />The accounting form provided with your application is subject to modification and approval by <br />the division engineer. All amounts shall be in acre-feet.