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<br />Ms. Kim Frick <br />November 12, 2010 <br />Page 3 <br />Replacements <br />The source of replacement water to be used for this SWSP is a lease of 57.66 acre-feet <br />of reusable effluent from the City of Greeley ("Greeley"). A copy of the lease agreement with <br />Greeley for 57.66 acre-feet of fully consumable effluent from Greeley's Wastewater Treatment <br />Plant ("WWTP")(WDID 0302312) to be used at the Derr Pit was submitted to this office with the <br />SWSP request and is attached to this letter. The lease is currently valid until December 2011. <br />Greeley's WWTP discharge point is located approximately 0.8 miles upstream from the <br />depletion point for the Derr Pit. Transit losses of 0.5% for 0.8 miles are included in the lease <br />amount. If Broken Arrow needs to get water past the Ogilvy Ditch headgate, they will use the <br />Central Colorado Water Conservancy District's ("Central") augmentation station located at the <br />headgate of the Ogilvy Ditch. Broken Arrow is in the process of getting an agreement with <br />Central for the use of the augmentation station. The Applicant is required to submit a copy of <br />the agreement with Central to this office and the division engineer prior to requesting to pass <br />water past the headgate. However, Greeley can also make releases from its Lone Tree WWTP. <br />If effluent from the Lone Tree WWTP is used for replacement purposes, Central's <br />augmentation station would not be required to deliver replacement water. The monthly <br />depletions and replacement requirements are found on the attached Table 3. <br />Conditions of Approval <br />Based upon statutory requirements, I hereby approve the proposed SWSP in <br />accordance with § 37-90-137(11), C.R.S. subject to the following conditions: <br />1. This SWSP shall be valid for the period of October 1, 2010 through December 31, 2011, <br />unless otherwise revoked, modified, or superseded by decree. This SWSP will be <br />extended until September 30, 2012, if the applicant provides a copy of the lease <br />agreement with the City of Greeley to cover the January through September, 2012 <br />gravel pit depletions, by December 31, 2011. A copy of the lease must be provided <br />to the water commissioner and the State Engineer's Office. <br />Z If this SWSP will not be made absolute by a water court action by the expiration date of <br />the SWSP, a renewal request must be submitted to this office with the statutory fee <br />(currently $257) no later than November 15, 2011 or August 15, 2012 subject to the <br />requirements of condition 1 above. <br />3. A well permit must be issued for the gravel pit in accordance with § 37-90-137(2) and <br />(11), C.R.S. prior to the exposure or use of groundwater. A well permit application was <br />submitted to this office under receipt no. 3647103 and this application is pending <br />evaluation. The provisions of § 37-90-137(2), C.R.S. prohibits the issuance of a permit <br />for a well to be located within 600 feet of any existing well, unless the State Engineer <br />finds that circumstances so warrant after a hearing held in accordance with the <br />procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain <br />statements from the owners of all wells within 600 feet, verifying that they have no <br />objection to your use of the proposed well. Should a new well permit be denied for <br />reasons of 600 foot spacing, or any other legitimate reason, approval of this SWSP will <br />be cancelled.