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Mr. Rick Parsons, P.E. <br />L G. Everist Combined SWSP <br />Page 6 of 9 <br />February 3, 2012 <br />2. Well permits must be obtained for the current use and exposed surface area at the Rinn Valley Pit <br />and Lupton Meadows Pit in accordance with §37 -90- 137(2) and (11), C.R.S. in conjunction with this <br />plan. The provisions of Colorado Revised Statute 37 -90- 137(2) prohibits the issuance of a permit <br />for a 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 2CCR402- <br />5. This hearing may be waived if you are able to obtain statements from the owners of all wells <br />within 600 feet, verifying that they have no objection to your use of the proposed well. Should a <br />new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval <br />of this substitute supply plan may be cancelled. <br />3. Well permits were obtained for the current use and exposed pond surface area at the Lohmann Pit, <br />Firestone Pit, and Fort Lupton Pit in accordance with §37 -90- 137(2) and (11), C.R.S., permit nos <br />70326 -F, 69155 -F, and 65814 -F, respectively. <br />4. The total area of pond surface exposed for each of the pits shall not exceed those values listed in <br />Table A of this approval. Should the total surface area exposed exceed those amounts, an <br />amendment request shall be promptly filed with this office. <br />5. The total amount of ground water to be appropriated from each of the pits shall not exceed the <br />values listed in Table D of this approval. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of water must first <br />be approved by this office. 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. All releases from Rinn Valley Phase 3 Reservoir shall be measured in a manner acceptable to the <br />water commissioner and division engineer. <br />9. The replacement water, which is the subject of this plan, cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. All <br />replacement water must be concurrent with depletions in quantity, timing, and location. <br />10. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to the <br />division engineer and the water commissioner. <br />11 All diversions shall be measured in a manner acceptable to the Division Engineer. The Applicant <br />shall install and maintain such measuring devices as required by the Division Engineer for <br />operation of this SWSP. In addition, the applicant shall maintain daily records of all diversions, <br />replacements, and the amount of water used for each particular purpose. The applicant shall <br />provide a report of these records to the division engineer and the water commissioner on a <br />monthly basis on a form approved by them. The accounting must be submitted to the division <br />engineer in Greeley (Div1Accountinq(cD,state.co.us) and the water commissioners (Bill Schneider at <br />William.Scneider(a state.co.us and Shera Sumerford at Shera.Sumerford(a�state.co.us) within 30 <br />calendar days of the end of the month for which the accounting is being made. Submitted <br />accounting shall conform to the Administration Protocol — Augmentation Plan Accounting. <br />12. The Applicant is required to provide a written notification to the water commissioner and division <br />engineer by April 1 of 2012 and 2013 identifying the lands to be dried up for the 2012 and 2013 <br />irrigation season. The Applicant submitted an affidavit signed by James Sittner, Front Range <br />Project Manager, verifying the dry -up lands associated with L.G. Everist's Lupton Bottom Ditch <br />and Rural Ditch shares. This is accepted as the written notifications required by April 1 of 2012 <br />