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Cheryl Signs, P.E. Page 5 <br />Western Sugar Pit <br />been included in the study. Delivery of augmentation water to the Cache La Poudre is subject to <br />transit losses as determined by the water commissioner and the division engineer. <br />According to information provided by the applicant, these water rights appear to be sufficient <br />to offset the depletions and return flow obligations required by the operation of this SWSP. Full <br />implementation of the plan as proposed (including storage and release schedules) will need to be <br />finalized and approved by the local Water Commissioner. <br />Conditions of Approval <br />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 the effective date of August 1, 2011 and shall be valid through July <br />31, 2013 unless otherwise revoked or modified. If this SWSP is not decreed in water court by the <br />SWSP expiration date, a renewal request must be submitted to this office with the statutory fee of <br />$257 no later than May 1, 2013. <br />2. A well permit must be issued for the gravel pit in accordance with § 37 -90- 137(2) and (11), C.R.S. <br />prior to the exposure or use of groundwater. Until a gravel pit well permit is approved, consumptive <br />use and exposure of groundwater on this site is prohibited. The provisions of § 37 -90- 137(2), <br />C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, <br />unless the State Engineer finds that circumstances so warrant after a hearing held in accordance <br />with the 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 objection to your <br />use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or <br />any other legitimate reason, approval of this SWSP will be cancelled. <br />3. The total surface area of the groundwater exposed at the Western Sugar Pit site must not exceed <br />62.81 acres (if dewatering ceases), which results in a maximum evaporative annual loss of 158.44 <br />acre -feet. <br />4. The annual water used for dust control at the Western Sugar Pit site shall not exceed 2.80 acre -feet <br />and the total product mined at the Western Sugar Pit site shall not exceed 800,000 tons per year, <br />which results in 23.55 acre -feet of water lost with the mined aggregate. <br />5. Total consumption at the Western Sugar Pit site must not exceed these aforementioned amounts <br />unless an amendment is made to this SWSP. <br />6. 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 />7. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br />8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. <br />As a condition of subsequent renewals of this SWSP, the replacement water must be appurtenant to <br />this site until a plan for augmentation is obtained. All replacement water must be concurrent with <br />depletions in quantity, timing, and locations. <br />9. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley (Div1Accountinac state.co.us) and the water commissioner (George Varra at <br />Georae.Varrana.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 />