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Mr. Kathryn Cloutier <br />Worthing SWSP <br />June 5, 2012 <br />Conditions of Approval <br />Page 3 <br />I hereby approve this substitute water supply plan, in accordance with § 37 -90- 137(11), <br />C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid for the period of February 1, 2012 through December 31, 2012, <br />unless otherwise revoked, modified, or superseded by decree. 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) no later than October 15, 2012. <br />2. A well permit application has been submitted to this office and is pending on approval of this <br />plan. The provisions of § 37 -90- 137(2), C.R.S., prohibit the issuance of a permit for a well to <br />be located within 600 feet of any existing well, unless the State Engineer finds that <br />circumstances so warrant after a hearing in accordance with the procedural rules in 2CCR402- <br />5. The hearing will 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 <br />a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, <br />approval of this substitute supply plan may be cancelled. <br />3. The total surface area of the ground water exposed after December 31, 1980 must not exceed <br />4.11 acres, which results in an annual evaporative loss of 12.02 acre -feet. <br />4. The area receiving credit as being exposed prior to January 1, 1981 is tied to the location as <br />depicted in Figure 4 — Final Reclamation Plan and cannot be reallocated to any other areas <br />either inside or outside of the mining permit boundary. <br />5. The total amount of water used for dust control at the Site must not exceed 1.0 acre -foot per <br />year. <br />6. Total consumption at the Site must not exceed the aforementioned amount unless an <br />amendment is made to this plan. <br />7. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. <br />8. All releases of replacement water must be sufficient to cover all out -of- priority depletions in <br />time, place, and amount and must be made under the direction and /or the approval of the <br />water commissioner. <br />9. The replacement water that 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. <br />10. Adequate accounting of depletions and replacements must be provided to the Division <br />Engineer in Greeley (Div 1 Accounting (a)-state. co. us) and the water commissioner (William <br />Schneider, William. Schneider(ac- state.co.us) on a monthly basis. All amounts shall be in acre - <br />feet. All submitted accounting shall conform to the Administration Protocol "Augmentation <br />Plan Accounting, Division One — South Platte River" (attached.) <br />Additionally, it is the Applicants responsibility to ensure that the City of Aurora is including all <br />replacements made on behalf of this SWSP in their accounting that is submitted to the Division <br />Engineer (WDID 0802593 — Aurora Reuse) <br />11. The name, mailing address, and phone number of the contact person who will be responsible <br />for operation and accounting of this plan must be provided on the accounting forms to the <br />Division Engineer and Water Commissioner. <br />