2010-05-17_REVISION - M1996049 (7)

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Mr. Gary D. Witt Page 3 July 30, 2009 4. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 26 acres, which results in a maximum evaporative annual loss of 51.67 acre- feet. The use of water shall be limited to evaporation of exposed ground water, water lost in product, water for dust control, truck and vehicle washing, CDOT asphalt production and batch plant operations, domestic use, and water used for approximately 4 acres of landscape irrigation (see Table 2 attached). The total product mined at the gravel pit site shall not exceed 650,000 tons per year. The annual amount of water used at the gravel pit shall not exceed 19.12 acre-feet of water lost with the mined aggregate, 3.01 acre- feet for dust control, 8.10 acre-feet for concrete batching, 1.53 acre-feet for CDOT asphalt production, 0.39 acre-feet for truck and vehicle washing, 0.46 acre-feet for domestic use and 7.72 acre-feet for approximately 4 acres of landscape irrigation, for a total consumptive use of 92.0 acre-feet during the next year of operation under this plan. 5. Approval of this plan is for the purposes as stated herein. No additional uses of the water are allowed until approved in writing by this office. If it is anticipated that the total surface area exposed will exceed those amounts, an amendment will need to be filed with this office prior to such expansion. 6. This SWSP does not allow for offsite water deliveries. The Applicant must verify in writing that no water is being used off site or sold and/or marketed for such. 7. Replacement water is to be supplied via consumptive use credits from dry-up of lands irrigated by the South Rock Creek Ditch, the McKay Ditch and the Old Whetstone/Sheep Creek Ditch and from storage in Green Mountain Reservoir and/or Dillon Reservoir and will be released/delivered according to the schedule included in this plan (see Table 4) subject to modification by the Division Engineer or Water Commissioner. Transit losses may be modified, as determined necessary, by the Division Engineered per CRS 37-80- 102(7) & CRS 37-83-104. 8. Based on water availability as reflected in the 1966-1994 diversion records and the proposed dry-up of 95.5 acres of formerly irrigated hay meadows, a total of 95.5 acre-feet of consumptive use credits will be allowed per year under this plan (see Table 3). 9. The amount and location of the dry-up of the irrigated acreage associated with the use of the South Rock Creek Ditch, Old Whetstone/Sheep Creek Ditch, and McKay Ditch is subject to approval by the Division Engineer per documentation by the Water Commissioner. Should complete dry-up not be achieved on the entire 95.5 acres of historically irrigated land, the amount of consumptive use credits shall be reduced proportionally. A map showing the location of dry-up under each ditch has been provided to the Water Commissioner. 10. Normal irrigation season diversions from South Rock Creek through the South Rock Creek Ditch as far as Maryland Creek must be maintained to sustain historic ditch loss return flows. The remaining diversions must then be conveyed without beneficial use through the permit area to the Blue River via Maryland Creek. The Water Commissioner shall be notified when diversions begin through the ditch. 11. The amount of water removed from the pit for irrigation of lands remaining under irrigation via the McKay Ditch, i.e., not included in the dry-up required for this plan, must be no greater than the amount of water delivered to the pit via the McKay Ditch. Adequate measuring devices for this purpose, which are acceptable to the Water Commissioner, must be installed. The Applicant must meet with the Water Commissioner to discuss this requirement within thirty (30) days of the date of this approval. 12. The water attributable to the Applicant's water rights dedicated to this plan from the South Rock Creek Ditch, the Old Whetstone/Sheep Creek Ditch, and the McKay Ditch must continue to be diverted in-priority at the ditch headgates and then measured back