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Ms. Michelle L. Hatcher Page 2 of 3 <br />July 27, 2011 <br />Conditions of Approval <br />I hereby approve the proposed amended substitute water supply plan in accordance with <br />C.R.S. § 37 -90- 137(11), subject to the following conditions: <br />1. All conditions listed in the original SWSP approved for the Geisert Pit on March 7, 2011 <br />remain in effect except as modified herein. A copy of the original approval is attached for <br />your reference. This amendment does not alter the approval period of this plan, which is <br />April 1, 2011 through March 31, 2012 unless otherwise revoked or modified. If this plan will <br />not be made absolute by a water court action by the plan's expiration date, a renewal <br />request must be submitted to this office with the statutory fee (currently $257) no later than <br />February 15, 2012. <br />2. Well permit no. 50425 -F was obtained for the current uses and exposed surface area of <br />the pit in accordance with C.R.S. § 37 -90- 137(2) and (11). Since the existing permit no. <br />50425 -F does not cover the additional operational depletion at the site, a new well permit <br />must be obtained for the current use and exposed surface area of the gravel pit in <br />accordance with § 37 -90- 137(2) and (11), C.R.S. in conjunction with this plan. A well <br />permit application (receipt no. 3649812) was submitted on April 11, 2011 and this <br />application is pending evaluation. The provisions of Colorado Revised Statute 37 -90- <br />137(2) prohibits the issuance of a permit for a well to be located within 600 feet of any <br />existing well, unless the State Engineer finds that circumstances so warrant after a <br />hearing held in accordance with the procedural rules in 2CCR402 -5. This hearing may be <br />waived if you are able to obtain statements from the owners of all wells within 600 feet, <br />verifying that they have no objection to your use of the proposed well. Should a new well <br />permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval <br />of this SWSP may be cancelled. <br />3. The total surface area of the groundwater exposed at the Geisert Pit after December 31, <br />1980 must not exceed 40.6 acres, resulting in a maximum annual evaporative loss of 118.9 <br />acre -feet. <br />4. The annual total product mined at the Geisert Pit shall not exceed 150,000 tons per year, <br />resulting in 4.4 acre -feet of water lost with the mined aggregate, 33 acre -feet of water <br />removed by the "first fill" and 41.1 acre -feet of water associated with the construction of <br />the slurry wall. <br />5. Total consumption at the Geisert Pit must not exceed 197.4 acre -feet per year, unless an <br />amendment is made to this plan. <br />6. Approval of this amended plan is for the purposes as stated herein. Any additional uses <br />for which the water may be used must first be approved by this office. <br />7. Adequate accounting of depletions and replacements must be provided to the <br />division engineer in Greeley (Div1Accountingastate.co.us) and the water <br />commissioner (George Varra at George.Varraastate.co.us) on a monthly basis or <br />other interval acceptable to both of them. The accounting form provided with <br />your application is subject to modification and approval by the division engineer. <br />All amounts shall be in acre -feet. <br />