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Mr. Forest Leaf, P.E. <br />February 22, 2010 <br />Page 3 <br />I hereby approve the proposed substitute water supply plan in accordance with Section § <br />37-90-137(11), C.R;.S., subject to the following conditions: <br />Conditions of Approval <br />1. This substitute water supply plan shall be valid for the period of September 23, 2009 <br />through December 31, 2010, unless otherwise revoked, modified, or superseded by <br />decree. If this plan will not be made absolute by a water court action by the plan's <br />expiration date, a renewal request must be submitted to this office with the statutory fee <br />(currently $257) no later than November 15, 2010. <br />2. A well permit must be issued for the gravel pit in accordance with § 37-90-137(2) and <br />(11), C.R.S. A well permit application was submitted to this office under receipt no. <br />3643060 and this application is pending evaluation. The provisions of Section 37-90- <br />137(2), C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet of <br />any existing well, unless the State Engineer finds that circumstances so warrant after a <br />hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may <br />be waived if you are able to obtain statements from the owners of all wells within 600 <br />feet, verifying that they have no objection to your use of the well. Should a new well <br />permit be denied for reasons of 600 foot spacing, or any other legitimate reason, <br />approval of this SWSP may be cancelled. <br />3. The total,surface area of the ground water exposed after January 1, 1981 at the Reese- <br />Logan Pit?must not exceed 3.7 acres during the approval period of this SWSP resulting <br />in an anh-Oal evaporative loss of 12.28 acre-feet. <br />4. The annual amount of water used at the operation shall not exceed 0.83 acre-feet for <br />dust control, the total product mined for 2010 shall not exceed 16,500 tons below the <br />ground water surface resulting in 0.49 acre-feet of water lost with the product and the <br />water included in the "first fill" shall not exceed 3.62 acre-feet for 2010. <br />5. Total consumption at the Reese-Logan Pit must not exceed the aforementioned <br />amounts unless an amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. <br />7. All sources of replacement water must be sufficient to cover all out-of-priority <br />depletions in time, place, and amount and must be made under the direction and/or <br />the approval of the water commissioner. <br />8. The replacement water that is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply <br />plan, the replacement water must be appurtenant to this site until a plan for <br />augmentation is obtained. All replacement water must be concurrent with depletions in <br />quantity,:timing, and locations. <br />9. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1AccountingO-state.co.us) and the water commissioner <br />(George Varra at Brent. Schantz(a)-state.co.us) on a monthly basis or other interval