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Mr. Peter Wayland <br />Gardels SWSP <br />December 31, 2012 <br />Page 3 of 5 <br />receipt of this SWSP approval, or this plan will be cancelled. The provisions of § 37- <br />90- 137(2), C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet <br />of any existing well, unless the State Engineer finds that circumstances so warrant after a <br />hearing held in accordance with the procedural rules in 2 CCR 402 -5. This hearing may <br />be waived if you are able to obtain statements from the owners of all wells within 600 feet, <br />verifying that they have no objection to your use of the proposed well. Should a new well <br />permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval <br />of this substitute water supply plan will be cancelled. <br />3. The total surface area of the groundwater exposed at the Gardels Pit site must not exceed <br />9.39 acres, which results in a maximum evaporative annual loss of 21.67 acre -feet. <br />4. Total consumption at the Gardels Pit site must not exceed these aforementioned amounts <br />unless an amendment is made to this plan. <br />5. Approval of this plan is for the purposes as stated herein. This office must first approve <br />any additional uses for the water. Any future additional historic consumptive use credit <br />given (e.g., agricultural water transfer) for this site must consider all previous credits given. <br />6. The replacement water that is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, <br />the replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. All replacement water must be concurrent with depletions in quantity, timing, <br />and locations. <br />7. In the event Loveland plans to use C -BT Project water as a replacement source, <br />Loveland shall comply with the Interim Rule issued by the Northern District in May 2005 <br />regarding the use of C -BT Project water in substitute water supply plans. Prior to the <br />use of the C -BT Project water, Loveland shall notify this office, the division engineer and <br />the water commissioner of the amount of C -BT Project water dedicated to this plan and <br />provide a copy of the Northern District's approval letter as required by paragraph 1(g) of <br />the Northern District's May, 2005 Interim Rule. <br />8. 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 />9. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1Accounting(a state.co.us) and the water commissioner (Jason <br />Smith at Jason.Smith2(c�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 />In addition, the applicant shall verify that the City of Loveland (WDID 0402519) includes <br />in Loveland's monthly accounting, a report on the reusable water released to provide <br />replacement for this SWSP. It is the Applicants responsibility to ensure Loveland <br />releases the leased water in the correct time, place, and amount. <br />10. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <br />