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Mr. Rick Parsons, P.E. <br />August 17, 2012 <br />Page 3 <br />Conditions of Approval <br />I approve the proposed substitute water supply plan in accordance with Section 37 -90- 137(11), <br />C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid for the period of July 1, 2012 through June 30, 2014, unless otherwise <br />revoked, modified, or superceded by decree. If this plan will not be made absolute by a water <br />court action by the plan's expiration date, a renewal request must be submitted to this office with <br />the statutory fee (currently $257) by May 15, 2014. <br />2. Well permit, no. 65464 -F was obtained for the current use and exposed pond surface area of <br />the gravel pit in accordance with §37 -90- 137(2) and (11), C.R.S. <br />3. The total surface area of the groundwater exposed at the S &H Mine must not exceed 10.8 acres <br />during the approval period of this SWSP, resulting in an annual evaporative loss of 31.0 acre -feet. <br />4. Dust control is not an approved use of ground water at this site. <br />5. Total consumption at the S &H Mine must not exceed the aforementioned amounts unless an <br />amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must <br />first be approved by this office. <br />7. Adequate accounting of depletions and replacement must be provided to the division engineer <br />in Greeley (Div1Accountinq ac state.co.us) and the water commissioner (William (Bill) Schneider <br />at William .Schneider @state.co.usmailto:) within 30 calendar days of the end of the month for <br />which the accounting is being made. All amounts shall be in acre -feet and submitted <br />accounting shall conform to the Administration Protocol "Augmentation Plan Accounting, <br />Division One — South Platte River' (attached). <br />7. The name, address, and phone number of a contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms to the Division <br />Engineer and Water Commissioner. <br />8. The approval of this substitute water supply plan does not relieve the Applicant and /or the <br />landowner of the requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />long -term evaporation losses and lagged depletions after gravel mining operations have <br />ceased. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with the <br />Division 1 Water Court at least three (3) years prior to the completion of mining, to include, but <br />not be limited to, long -term evaporation losses and lagged depletions. If a lined pond results <br />after reclamation, replacement of lagged depletions from mining and dewatering shall continue <br />until there is no longer an effect on stream flow. <br />9. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below the <br />water table, and all other use of water at the pit, must cease immediately. <br />10. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />