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Mr. Rick Parsons, P.E. April 19, 2010 <br />L.G. Everist Combined Replacement Plan Page 6 of 9 <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with Section § 37-90- <br />137(11), C.R.S. subject to the following conditions: <br />1. This plan is approved with an effective date of January 1, 2010 and shall be valid through December <br />31, 2011 unless otherwise revoked or modified. If this plan will not be made absolute by a water <br />court action by the plan's expiration date, a renewal request must be submitted to this office with the <br />statutory fee (currently $257/pit) for each gravel pit no later than November 15, 2011. <br />2. The total area of pond surface exposed for each of the pits shall not exceed those values listed in <br />Table 1 of this approval. Should the total surface area exposed exceed those amounts, an <br />amendment request shall be promptly filed with this office. <br />3. The total amount of ground water to be appropriated from each of the pits shall not exceed the <br />values listed in Table 4 of this approval. <br />4. Approval of this plan is for the purposes as stated herein. Any additional uses of water must first <br />be approved by this office. Any future additional historical consumptive use credit given (e.g., <br />agricultural water transfer) for this site must consider all previous credits given. <br />5. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br />6. 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. All <br />replacement water must be concurrent with depletions in quantity, timing, and location. <br />7. According to an affidavit dated March 23, 2010, the Applicant dedicated 2 shares of Rural Ditch <br />and 1 Lupton Bottom Ditch share for 2010 and 1 share or Rural Ditch and 1 Lupton Bottom Ditch <br />share for 2011 as replacement water solely to this plan for the 2010 and 2011 irrigation season. <br />The Affidavit is accepted for this SWSP, however for any subsequent renewal requests, the <br />Applicant shall submit a new affidavit that dedicates the 3 shares of the Rural Ditch and 1 share of <br />the Lupton Bottom Ditch for as long as there are depletions at these gravel pit sites or until such <br />time as another replacement source is obtained. <br />8. The name, address, 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 />9. All diversions shall be measured in a manner acceptable to the Division Engineer. The Applicant <br />shall install and maintain such measuring devices as required by the Division Engineer for <br />operation of this SWSP. In addition, the applicant shall maintain daily records of all diversions, <br />replacements, and the amount of water used for each particular purpose. The applicant shall <br />provide a report of these records to the division engineer and the water commissioner on a <br />monthly basis on a form approved by them. The accounting must be submitted to the division <br />engineer in Greeley (Div1Accountingna.state.co.us) and the water commissioners (Scott Edgar at <br />Scott. Edgar(a)state.co.us and Shera Sumerford at Shera.Sumerford state co us) within 30 <br />calendar days of the end of the month for which the accounting is being made. All amounts shall