2013-01-02_HYDROLOGY - M1985026 - Laserfiche WebLink

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Mr. Peter Wayland Challenger SWSP December 31, 2012 Page 4 of 7 Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with C.R.S. § 37 -90- 137(11), subject to the following conditions: 1. This plan shall be valid for the period of October 1, 2012 through March 31, 2013, unless otherwise revoked or modified. This plan will be extended until October 31, 2014, if the Applicant provides 1) information that a measurement structure that meets the water commissioner's approval has been installed and 2) documentation that they are in the process of obtaining compliance with long term augmentation requirements through DRMS. This extension is also subject to the requirement of condition 3 below to obtain a well permit for the gravel pit. 2. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) no later than February 15, 2013 or September 15, 2014, subject to the requirements of condition 1 above. 3. A well permit must be obtained for the gravel pit in accordance with §37 -90- 137(2) and (11), C.R.S. in conjunction with this plan. Applicant is required to submit the permit application within 30 days of receipt of this SWSP approval, or this plan will be cancelled. The provisions of Colorado Revised Statute § 37 -90- 137(2) prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the state engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402 -5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be cancelled. 4. The total surface area of the groundwater exposed at the Challenger Pit site after December 31, 1980 must not exceed 23 acres resulting in 52.62 acre -feet per year of evaporative loss. Total consumption at the pit(s) must not exceed the aforementioned amount unless an amendment is made to this plan. 5. Approval of this plan is for the purposes as stated herein. This office must first approve any additional uses for which the water may be used. Any future additional historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 6. All releases of replacement water must be sufficient to cover all out -of- priority depletions in time, place, and amount and must be made under the direction and /or the approval of the water commissioner. The release of replacement water may be aggregated to maximize beneficial use. The water commissioner and /or the division engineer shall determine the rate and timing of an aggregated release. 7. The water attributable to the 7.4 shares of the Hill & Brush Ditch must continue to be diverted in- priority at the ditch then measured back to the Big Thompson River in the vicinity of the Challenger Pit and up- stream of the Big Thompson and Platte Ditch. Adequate measuring devices acceptable to the water commissioner must be installed.