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Jeffrey Clark <br />August 8, 2011 <br />Conditions of Approval <br />Page 5 of 8 <br />I hereby approve this SWSP in accordance with § 37 -90- 137(11), C.R.S., subject to the <br />following conditions: <br />1. This plan is approved with an effective date of August 1, 2011 and shall be valid <br />through December 31, 2012 unless otherwise revoked or modified. The plan may be <br />extended through July 31, 2013 if a copy of the lease renewal is submitted to the <br />State Engineer's Office prior to December 31, 2012. If this plan will not be made <br />absolute by a water court action by the plan's expiration date, a renewal request must be <br />submitted to this office with the statutory fee (currently $257 /pit) for each gravel pit no later <br />than October 15, 2012, or June 15, 2013 if the SWSP approval period is extended. <br />2. A well permit application was submitted for the current use and exposed pond surface <br />area of the Bromley Lakes site in accordance with §37 -90- 137(2) and (11), C.R.S., and is <br />currently pending under receipt no. 3650916. Should a new well permit be denied for <br />reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute <br />supply plan may be cancelled. <br />3. The total area of pond surface exposed for each of the pits shall not exceed those <br />values listed in Table 1A. of this approval. Should the total surface area exposed exceed <br />those amounts, an amendment will need to be filed with this office. <br />4. The total product mined at the Bromley Lakes site shall not exceed 500,000 tons per <br />year, which results in 14.7 acre -feet of water lost with the mined product. <br />5. Total consumption at the Bromley Lakes site and North Tower Pit must not exceed the <br />amounts listed in Table 1A of this approval unless an amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. Any future additional historic consumptive <br />use credit given (e.g., agricultural water transfer) for this site must consider all previous <br />credits given. <br />7. All releases of replacement water must be sufficient to cover all out -of- priority depletions <br />in time, place, and amount and must be made under the direction and /or the approval of <br />the water commissioner. The release of replacement water may be aggregated to <br />maximize beneficial use. The water commissioner and /or the division engineer shall <br />determine the rate and timing of an aggregated release. <br />8. The replacement water, which is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, <br />the replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. All replacement water must be concurrent with depletions in quantity, timing, <br />and locations. According to an affidavit dated August 4, 2010, the Applicant dedicated 70 <br />shares of the Fulton Ditch as replacement water solely to this SWSP and any <br />subsequent SWSPs, for as long as there are depletions at these gravel pit sites or until <br />such time as another replacement source is obtained. For the purposes of this SWSP, <br />this affidavit will be accepted for the dedication of the shares; however, if the <br />State Engineer determines that a different affidavit or dedication process is <br />necessary to assure proper dedication of the shares, additional information may <br />