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Mr. Peter Foster December 6, 2012 <br />Colona Gravel Pit, Substitute Water Supply Plan Page 4 of 7 <br />water used for dust control. Since the existing permit does not cover the 6.8 acres <br />of exposed ground water identified in this plan and the increased water lost by <br />filling the gravel pit, a new well permit must be obtained for the current use and <br />exposed surface area of the gravel pit in accordance with §37 -90- 137(2) and (11), <br />C.R.S. in conjunction with this plan. Applicant is required to submit a well permit <br />application within 30 days of receipt of this plan. The provisions of Colorado <br />Revised Statute 37 -90- 137(2) prohibits the issuance of a permit for a well to be located <br />within 600 feet of any existing well, unless the State Engineer finds that circumstances <br />so warrant after a hearing held in accordance with the procedural rules in 2CCR402 -5. <br />This hearing may be waived if you are able to obtain statements from the owners of all <br />wells within 600 feet, verifying that they have no objection to your use of the proposed <br />well. Should a new well permit be denied for reasons of 600 -foot spacing, or any other <br />legitimate reason, approval of this substitute supply plan may be cancelled. <br />4. For Year 1 of the renewal period, the total area of exposed groundwater shall not <br />exceed 6.8 acres and the total consumptive use of the mining operation shall not <br />exceed 41.0 acre -feet, of which 17.37 acre -feet is due to evaporative losses, 20.7 acre - <br />feet to ground water filling of the pit resulting from mining of 60,000 tons of aggregate, <br />and 3.0 acre -feet to water use for dust suppression. For Year 2 of the renewal period, <br />the total area of exposed groundwater again shall not exceed 6.8 acres and the total <br />consumptive use of the mining operation shall not exceed 30.7 acre -feet, of which 17.37 <br />acre -feet is due to evaporative losses, 10.3 acre -feet to ground water filling of the pit <br />resulting from mining of 30,000 tons of aggregate, and 3.0 acre -feet to water use for <br />dust suppression. Any increases in depletions must be submitted to this office as an <br />amendment to this plan. <br />5. Approval of this plan is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. If it is anticipated that the total surface area <br />exposed will exceed those amounts, an amendment will need to be filed with this office <br />prior to such expansion. <br />6. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />7. Replacement water is to be supplied from the Ouray Ditch and Ridgway Reservoir during the <br />irrigation season and from Blue Mesa Reservoir for the non - irrigation season, and will be <br />released /delivered according to the schedule included in Table 3 of this plan, subject to <br />modification by the division engineer or water commissioner. Transit losses may be modified, as <br />determined necessary, by the division engineer per CRS 37 -80- 102(7) & CRS 37 -83 -104. <br />8. Replacement water shall be made available to cover all out -of- priority depletions in time, <br />place and amount and shall be made available under the direction and /or approval of <br />the water commissioner. The replacement water that is the subject of this plan cannot <br />be sold or leased to any other entity. As a condition of subsequent renewals of this <br />substitute water supply plan, the replacement water must be appurtenant to this site <br />until a plan for augmentation is obtained. All replacement water must be concurrent with <br />depletions in quantity, timing, and locations. <br />9. The water attributable to the Applicant's 2.5 shares in the Ouray Ditch may not be used <br />elsewhere or for any other purpose during the term of this plan. <br />10. All deliveries of replacement water shall be measured in a manner acceptable to the <br />