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Mr. Todd Williams <br />Timnath - Connell SWSP <br />March 27, 2013 <br />Page 4 <br />water court action by the plan's expiration date, a renewal request must be submitted to <br />this office with the statutory fee (currently $257) no later than February 15, 2014. <br />2. Well permit 53419 -F was obtained for the current use and exposed pond surface area of <br />the gravel pit in accordance with § 37 -90- 137(2) and (11), C.R.S. <br />3. The total surface area of the ground water exposed at the Timnath - Connell Pit (not <br />including the recharge pond) must not exceed 6.42 acres, resulting in 15.47 acre -feet per <br />year of evaporative Toss. <br />4. The total amount of ground water used for dust control shall not exceed 0.8 acre -feet per <br />year and the total product mined at the Timnath - Connell Pit site shall not exceed zero tons <br />per year, resulting in 0.0 acre -feet per year lost with the mined product. <br />5. Total consumption and lagged depletions shall not exceed the amounts shown in attached <br />Table 4. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of water <br />must first be approved by this office. Any future additional historical consumptive use <br />credit given (e.g., agricultural water transfer) for this site must consider all previous credits <br />given. Use of water to supply other local construction projects is specifically prohibited <br />under this plan. <br />7 All pumping for dust control purposes shall be measured in a manner acceptable to the <br />division engineer. <br />8. The Division of Water Resources will not acknowledge any recharge activity conducted <br />without the knowledge of the water commissioner. The flow into the recharge site must be <br />metered and equipped with a continuous flow recorder unless the water commissioner, in <br />conjunction with the division engineer, determines adequate records may be kept without <br />such equipment. <br />9. Water may be delivered to recharge only if the net impact of this plan is not negative. <br />Water must first be delivered or exchanged to offset negative impacts of this plan before it <br />may be diverted for recharge. <br />10. The replacement water, which 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, the <br />replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter shall be recorded with the county clerk and <br />recorder. All replacement water must be concurrent with depletions in quantity, timing, and <br />locations. <br />11. The land historically irrigated with the of 2.5 Box Elder Ditch Shares must be dried up. The <br />Applicant must comply with the Administration Protocol "Dry -Up of Irrigated Land, Division <br />One — South Platte River" (attached). A dry up map (attached) and GIS shapefile was <br />provided to our office on March 1, 2013. As the dry-up is within the boundary of active <br />mining operations so that irrigation of the land is impossible, the end of year affidavit is not <br />required. Each successive SWSP renewal must restate the status of the dry-up land. <br />12. The Applicant shall modify accounting to reflect that the credit from any dried up fields <br />containing alfalfa or native grass was assessed in the following manner: <br />(a) For fields deep tilled or chemically treated to successfully kill alfalfa or native grass, <br />100% credit will be given for consumptive use as otherwise computed under the <br />conditions of this approval. <br />