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Mr. Jared Dains, E.I. <br />Loloff SWSP —Amendment #1 <br />May 28, 2013 <br />Page 4 of 6 <br />results in 41.45 acre -feet of water available for augmentation. The lease amount is sufficient to <br />cover all depletions during the April through October 2013 timeframe. <br />Conditions of Approval <br />I approve the proposed substitute water supply plan in accordance with Section 37 -90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid for the period of January 1, 2013 through December 31, 2013, <br />unless otherwise revoked, modified, or superseded by decree. If this plan will not be <br />made absolute by a water court action by the plan's expiration date, a renewal request <br />must be submitted to this office with the statutory fee (currently $257) no later than <br />November 15, 2013. <br />2. A well permit must be obtained for the current use and exposed surface area of the <br />gravel pit in accordance with §37 -90- 137(2) and (11), C.R.S. in conjunction with this <br />plan. The provisions of Colorado Revised Statute 37 -90- 137(2) prohibits the issuance of <br />a permit for a well to be located within 600 feet of any existing well, unless the State <br />Engineer finds that circumstances so warrant after a hearing held in accordance with the <br />procedural rules in 2CCR402 -5. This hearing may be waived if you are able to obtain <br />statements from the owners of all wells within 600 feet, verifying that they have no <br />objection to your use of the proposed well. Should a new well permit be denied for <br />reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute <br />supply plan may be cancelled.. <br />3. The total surface area of the groundwater exposed at the site must not exceed 17.2 <br />acres from January 2013 through July 2013, and 2.0 acres after July 2013, or result in <br />an evaporative loss at the Loloff Pit greater than 32.90 acre -feet in 2013. <br />4. The annual amount of water used at the Loloff Pit for dust control shall not exceed 2.77 <br />acre -feet and total product mined at the site shall not exceed 55,000 tons resulting 1.62 <br />acre -feet of water lost with the mined aggregate. <br />5. Total consumption at the Loloff Pit must not exceed these aforementioned amounts <br />unless an amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses for which <br />the water may be used will be allowed only if a new SWSP is approved for those <br />additional uses. <br />7. 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. The Applicant is required to <br />coordinate with the water commissioner the delivery location of replacement water to <br />ensure out -of- priority depletions are adequately replaced to prevent injury to other water <br />rights. Conveyance loss for delivery of augmentation water is subject to assessment and <br />modification as determined by the water commissioner or division engineer. <br />8. Upon notice and approval by the water commissioner or division engineer the Applicant <br />may sublease excess lease credits to other gravel pit operators. To the extent that the <br />excess credits will be used to replace depletions under other gravel pit SWSPs, such <br />SWSPs must be amended to allow for the use of such leased water. It is the Applicants <br />