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Gypsum Ranch Pit SWSP Page 4 of 6 <br />April 10, 2013 <br />According to the decree in Case No. 2002CW211, The Gypsum Ranch Pit will be <br />reclaimed as a re- vegetated area when Lafarge has completed mining. The C M Stremme and <br />Gates Ditch water will be used on the re- vegetated area. Lafarge or its successors will be <br />responsible for reclaiming the site in coordination with the landowner, according to the <br />information from the Division of Reclamation Mining and Safety ( "DRMS ") permit. Lafarge has a <br />bond with the DRMS for $446,143 in the unlikely event of abandonment of the mine. The <br />attached Table 2 shows the projected delivery schedule for the increased lease and indicates <br />that the amended contract combined with the other replacement sources, are sufficient to <br />replace all depletions from the Gypsum Ranch Pit. <br />Note: According to Table 1 on page 19 of the decree entered in Case No. 2002CW211, <br />the historical consumptive use credit from 15 acres of dry-up under the C M Stremme and <br />Gates Ditch is 30.6 acre -feet per year. The 15 acres of dry-up produces a consumptive use <br />credit that exceeds the estimated depletions for the months of May through September. The <br />excess credits total 6.96 acre -feet for this period. According to the water balance table provided <br />for this SWSP (attached Table 2), these excess consumptive use credits will now be utilized to <br />replace the additional depletions approved under this SWSP. Approval by this SWSP to use <br />these excess consumptive use credits is limited to replacing depletions resulting from the gravel <br />pit mining operation at the Gypsum Ranch Pit. Any request to utilize these excess credits at a <br />different location, or for a different purpose may require a subsequent change of water right for <br />the C M Stremme and Gates Ditch and may require a re- quantification of the historical <br />consumptive use credits. <br />Conditions of Approval <br />This substitute water supply plan is hereby approved pursuant to § 37 -92- 308(5), C.R.S., <br />subject to the following conditions: <br />1. This SWSP shall be valid for the period of March 1, 2013 through February 28, 2014, <br />unless otherwise revoked, modified, or superseded by decree. Should an additional <br />SWSP be requested, the provisions of § 37- 92- 308(5)(b), C.R.S., shall apply. The <br />statutory fee of $300 will be required pursuant to § 37 -92- 308(8), C.R.S. <br />2. In accordance with § 37 -92- 308(5), C.R.S., this SWSP cannot be renewed or approved <br />for more than five years. This is the second year of approval. <br />3. Approval of this SWSP is for the purposes stated herein (additional water use for <br />aggregate production and dust control at the site). Additional diversion structures and /or <br />additional uses for the water that is the subject of this SWSP will be allowed only if a <br />new SWSP is approved for those additional structures /uses. Should a new SWSP be <br />requested, the provisions of § 37 -92- 308(5), C.R.S., shall apply. The statutory fee of <br />$300 will be required pursuant to § 37 -92- 308(8), C.R.S. <br />4. The name, address, and phone number of a contact person who will be responsible for <br />the operation and accounting of this plan must be provided to this office, the Division <br />Engineer (Alan Martellaro, P.O. Box 396, Glenwood Springs, CO 81602, telephone 970- <br />945- 5665), and the Water Commissioner (Bill McEwen, P.O. Box 1804, Eagle, Co <br />81631, telephone 970 - 328 -6850) within 20 days of the receipt of this approval. <br />