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Cheryl Signs, P.E. <br />Durham Pit, DRMS-1978-056 <br />Page 5 <br />February 14, 2011 <br />1. This SWSP is approved with the effective date of January 1, 2011 and shall be valid through <br />December 31, 2012 unless otherwise revoked or modified. If this SWSP will not be made absolute by <br />a water court action by the SWSP's expiration date, a renewal request must be submitted to this <br />office with the statutory fee (currently $257) no later than November 15, 2012. <br />2. Well permit no. 61773-F, was obtained for the current use and exposed pond surface area of the <br />gravel pit pond in accordance with §37-90-137(2) and (11), C.R.S. <br />3. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 9.0 <br />acres, which results in a maximum evaporative annual loss at the Durham Pit of 22.7 acre-feet. <br />4. The annual water used for dust control at the Durham Pit shall not exceed 2.76 acre-feet, the total <br />product mined at the Durham Pit site shall not exceed 700,000 tons per year, which results in 20.60 <br />acre-feet of water lost with the mined aggregate, and 3.50 acre-feet for concrete batching. <br />5. Total consumption at the Durham Pit must not exceed these aforementioned amounts unless an <br />amendment is made to this SWSP. <br />6. According to the Applicant, the distance from the surface of the exposed ground water area <br />to the Cache La Poudre River was measured based on the down gradient extent of the <br />exposed ground water surface (nearest point). For purposes of this SWSP, the method used <br />to measure the distance to estimate the lagged depletions will be accepted, however any <br />future SWSP must measure the distance from the exposed ground water surface area to the <br />Cache La Poudre River based on the centroid of the exposed ground water surface. <br />7. Approval of this SWSP is for the purposes as stated herein. This office must first approve any <br />additional uses for the water. Any future additional historical consumptive use credit given (e.g., <br />agricultural water transfer) for this site must consider all previous credits given. <br />8. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br />9. The water attributable to 5 shares of the Greeley Canal No. 3 and Fossil Creek Reservoir must <br />continue to be diverted in priority at the ditch and reservoir then measured back to the Cache La <br />Poudre River in the vicinity of the Durham Pit. Adequate measuring devices acceptable to the water <br />commissioner must be installed. <br />10. The Applicant is required to maintain the historical return flow obligations that are associated with <br />the use of the five shares of Greeley Canal No. 3 and the Applicant's Fossil Creek Reservoir water <br />used for replacement purposes in this SWSP. <br />11. If the gravel pit included in this SWSP causes depletions that affect a senior surface water right at <br />a location where this SWSP cannot provide replacement water, the gravel pit site is subject to <br />curtailment until arrangements are made to provide replacement water at a point which will <br />preclude injury to the calling senior surface water right. The gravel pit operator is responsible for <br />providing replacement water in time, location, and amount to offset all out-of-priority depletions. By <br />exposing ground water at this gravel pit site it is assumed that the Applicant agrees to abide by the <br />conditions of this SWSP. <br />12. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley (Div 1Accounting 0-state.co.us) and the water commissioner (George Varra at <br />GeorQe.Varra(&-state.co.us) on a monthly basis or other interval acceptable to both of them. The <br />accounting form provided with your application is subject to modification and approval by the <br />division engineer. All amounts shall be in acre-feet.