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Christopher H. Weber <br />June 30, 2010 <br />Page 4 <br />determine the necessary reduction in credit to be applied during the following <br />month. <br />Depth to Ground <br />Water (Feet) Percent Reduction in <br />CU Credit Depth to Ground <br />Water (Feet) Percent Reduction in <br />CU Credit <br />1 100% 5 35% <br />2 90% 6 20% <br />3 75% 7 15% <br />4 50% 8 10% <br />9. Any request for amendment must include identification of the subject well (pit), an estimate <br />of the amount of water that will be lost, an update of the total stream depletions by reach <br />and month including post-plan depletions, and identification of the source of additional <br />replacement water. Approval of an amendment will be contingent upon demonstrating it <br />has sufficient replacement water to cover the additional well depletions. <br />10. The approval of this substitute water supply plan does not relieve the applicant of the <br />requirement to obtain a water court approved permanent plan for augmentation to ensure <br />the permanent replacement of all depletions, including long-term evaporation losses after <br />the gravel mining operations have ceased. Application for an augmentation plan should be <br />made three years prior to the completion of mining with the intent of obtaining a decreed <br />plan by the completion of mining. Approval of this substitute supply plan does not imply a <br />position by this office on any related litigation. <br />11. This substitute water supply plan shall have no precedential or evidentiary force, and does <br />not constitute an admission or statement of position in any other proceeding. This plan <br />shall not be construed as concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the applicant. <br />12. This plan shall be valid through January 31, 2011, unless otherwise revoked or modified. <br />13. Additional SWSPs are required until a court decreed plan for augmentation is obtained or <br />the pits are back-filled. Should a request for renewal of this plan be needed, such renewal <br />request must be submitted to this office with the statutory fee of $257 at least 45 days prior <br />to the expiration date of this plan. Plan request submitted after the expiration of the <br />approved SWSP may be subject to the provisions of C.R.S. § 37-90-137(11)(e) and the <br />statutory fee of $1593 shall apply. Any renewal requests should provide an analysis of any <br />un-replaced depletions from operations between the last approved plan in 2004 through the <br />time period up to this plan approval and make accommodations to provide replacement <br />water to make up any un-replaced depletions in the next plan period. <br />14. This plan may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this plan. <br />15. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all ground water pumping and mining of <br />product from below the ground water table must cease immediately.