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Ms. Michelle Johnson <br />25 Ave SWSP Amendment <br />October 3, 2012 <br />Page 3 <br />§ 37 -90- 137(2), C.R.S., prohibit the issuance of a permit for a well to be located within <br />600 feet of any existing well, unless the State Engineer finds that circumstances so <br />warrant after a hearing in accordance with the procedural rules in 2CCR402 -5. The hearing <br />will be waived if you are able to obtain statements from the owners of all wells within 600 <br />feet, verifying that they have no objection to your use of the proposed well. Should a new <br />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 groundwater exposed after December 31, 1980 covered <br />under this plan must not exceed 30.5 acres, which results in an evaporative loss of <br />114.38 acre -feet per year. Should the total consumption to be covered by this plan <br />exceed this amount prior to the expiration date of this plan, an amendment will need to <br />be filed with this office. <br />4. The area receiving credit as being exposed prior to January 1, 1981 is tied to Reservoir 5 <br />and cannot be reallocated to any other areas either inside or outside of the mining permit <br />boundary. Upon backfilling Reservoir 5, the site will have no areas qualifying as pre -81. <br />5. Total consumption at the Site must not exceed the amounts herein unless an <br />amendment is made to this plan <br />6. Approval of this plan is for the purpose as stated herein. Any additional uses for which <br />the water may be used must first be approved by this office. <br />7. All releases of replacement water must be sufficient to cover all out -of- priority depletions <br />in time, place, and amount and must be made under the direction and /or the approval of <br />the water commissioner. The release of replacement water may be aggregated to <br />maximize beneficial use. The water commissioner and /or the division engineer shall <br />determine the rate and timing of an aggregated release. <br />8. The replacement water that is the subject of this plan cannot be sold or leased to any <br />other entity during the term of this approval. Dewatering accretions may not be used as <br />replacement water outside of this SWSP. As a condition of subsequent renewals of this <br />substitute water supply plan, the replacement water must be appurtenant to this site until <br />a plan for augmentation is obtained. A copy of this approval letter should be recorded <br />with the County Clerk and Recorder. All replacement water must be concurrent with <br />depletions in quantity, timing and location. <br />9. The name, address, and phone number of the contact person who will be responsible for <br />the operation and accounting of this plan must be provided on the accounting forms <br />submitted to the division engineer and the water commissioner. <br />10. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley ( Div1Accountingastate.co.us) and the water commissioner (Mark <br />Simpson, Mark.Simpson(a�state.co.us) on a monthly basis. All amounts shall be in acre - <br />feet. All submitted accounting shall conform to the Administration Protocol <br />"Augmentation Plan Accounting, Division One — South Platte River" (attached). <br />11. 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 <br />plan. Should this supply plan expire without renewal or be revoked prior to adjudication <br />of a permanent plan for augmentation, all use of ground water must cease immediately. <br />12. If reclamation of the mine site produces a permanent water surface exposing <br />