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Cheryl Signs, P.E. April 12, 2011 <br />Seahorse Ranch West Pit and Vader Pit Combined Replacement Plan Page 4 of 7 <br />abandonment of the site by the Applicant or as a result of long term ground water exposure <br />after completion of mining and reclamation will be replaced so as to prevent injury to other <br />water rights <br />In accordance with approach no. 4, you indicated that an affidavit that dedicates the <br />historical consumptive use credits associated with the dry-up of a portion of the lands <br />previously irrigated by Griffing No. 2 and McCanne Nos. 2 and 3 Ditches will be provided to <br />this office as soon as United and Varra finalize the transfer of the water rights from Varra to <br />United. These historical consumptive use credits will be dedicated solely to this SWSP for as <br />long as there are depletions at these gravel pit sites or until such time as another replacement <br />source is obtained. This SWSP shall not be operational until such time as the affidavit for the <br />dedication of the water rights is provided to the State Engineer. In the event the State <br />Engineer determines that a different affidavit or dedication process is necessary to assure <br />proper dedication of the water rights, additional information may be required prior to future <br />SWSP approvals. <br />Conditions of Approval <br />I hereby approve the proposed SWSP in accordance with § 37-90-137(11), C.R.S. subject to <br />the following conditions: <br />1. This SWSP is approved with an effective date of November 1, 2010 and shall be valid through <br />October 31, 2012 unless otherwise revoked or modified. If this SWSP will not be made absolute <br />by a water court action by the SWSP expiration date, a renewal request must be submitted to this <br />office with the statutory fee (currently $257/pit) for each gravel pit no later than September 15, <br />2012. <br />2. A well permit must be obtained for the current use and exposed surface area of each gravel pit <br />included in this SWSP in accordance with § 37-90-137(2) and (11), C.R.S., in conjunction with <br />this SWSP. The provisions of § 37-90-137(2), C.R.S., prohibit the issuance of a permit for a <br />well to be located within 600 feet of any existing well, unless the State Engineer finds that <br />circumstances so warrant after a hearing held in accordance with the procedural rules in <br />2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners <br />of all wells within 600 feet, verifying that they have no objection to your use of the proposed <br />well. Should a new well permit be denied for reasons of 600 foot spacing, or any other <br />legitimate reason, approval of this SWSP may be cancelled. <br />3. The total area of pond surface exposed for each of the pits shall not exceed those values listed <br />in 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 />4. The total amount of ground water to be appropriated from each of the pits shall not exceed the <br />values listed in Table 3 of this approval. <br /> <br />5. Approval of this SWSP is for the purposes as stated herein. Any additional uses of water must <br />first be approved by this office. Any future additional historical consumptive use credit given <br />(e.g., agricultural water transfer) for this site must consider all previous credits given.