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Month <br />Depletion <br />Factor <br />Month <br />Depletion <br />Factor <br />1 <br />0.4529 <br />7 <br />0.0234 <br />2 <br />0.2696 <br />8 <br />0.0196 <br />3 <br />0.0755 <br />9 <br />0.0164 <br />4 <br />0.0454 <br />10 <br />0.0136 <br />5 <br />0.0345 <br />11 <br />0.0114 <br />6 <br />0.0282 <br />12 <br />0.0095 <br />Jeffrey Clark <br />RMCC Combined SWSP - AMENDMENT <br />June 7, 2012 <br />Conditions of Approval <br />Bromley Site Depletion Factors <br />Total 1.0000 <br />Page 3 of 7 <br />In total, the lagged depletions to hit the river in September 2012 through July 2013 are <br />271.4 acre -feet. This value includes depletions from past activity that hit the river during this <br />timeframe. <br />Replacements <br />This amendment does not change the replacement sources for the SWSP. <br />Replacement will continue to be made from Fulton Ditch shares previously stored in Kenneth <br />Mitchell Lake, water leased from the City of Brighton, and water stored under the Erger Pipeline <br />water right. <br />Dewatering of cell 3 will not provide augmentation credits that will offset mining and <br />evaporative depletions. The applicant previously dewatered cell 3 and in August 2008 that <br />dewatering pumping ceased. Cell 3 was then filled with ground water. The applicant did not <br />provide for any replacement water associated with the cessation of dewatering activities or the <br />'first fill' of the pit. Furthermore, cell 3 is currently an unlined pit and thus cannot be used as a <br />reservoir capable of storing water. Therefore the applicant has no legal right to the water <br />currently in cell 3. As the water to be dewatered will come from within the liner area, the <br />applicant is entitled to remove and return the water to the stream system through surface flow or <br />ground water recharge without need for replacement so long as the operator does not put the <br />water to beneficial use. The exception to this is when the applicant replaced the 'first fill' water. <br />Since the `first fill' was not replaced, the dewatering operation must relinquish all ground water <br />to the stream system at no credit to the applicant. <br />I hereby approve this SWSP amendment in accordance with § 37 -90- 137(11), C.R.S., <br />subject to the original terms and conditions except where changed below. For simplicity all <br />terms and conditions are listed below: <br />1. This amendment is approved with an effective date of September 6, 2012 and shall <br />be valid through December 31, 2012 unless otherwise revoked or modified. The <br />plan may be extended through July 31, 2013 if a copy of the lease renewal is <br />submitted to the State Engineer's Office prior to December 31, 2012. If this plan will <br />not be made absolute by a water court action by the plan's expiration date, a renewal <br />request must be submitted to this office with the statutory fee (currently $257 /pit) for each <br />gravel pit no later than October 15, 2012, or June 15, 2013 if the SWSP approval period is <br />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 />