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Mr. Pete Foster Page 3 of 4 <br /> September 30, 2014 <br /> requested in accordance with § 37-92-308(4), C.R.S., which would require an <br /> associated application be made to the Division 7 Water Court. <br /> 3. The water use associated with the gravel mining operations must not exceed a total of <br /> 1.92 acre-feet per year. Should the annual depletions exceed this amount prior to the <br /> expiration date of this plan; an amendment will need to be filed with this office. <br /> 4. Thirty two (32) acres must be dried-up and monumented to the satisfaction of the <br /> Water Commissioner. <br /> 5. To facilitate the administration of the Chicken Creek and Mud Creek the surface <br /> return flows obligation must be able to remain in the Chicken Creek and the Carpenter <br /> and Mitchell Ditch headgate or be released via the surface drainage that runs through <br /> the property into Mud Creek. <br /> 6. The water measurement structure must be operating to the satisfaction of the Water <br /> Commissioner. A rating table must be developed and submitted to the Water <br /> Commissioner within 30 days or by a schedule acceptable to the Water <br /> Commissioner. <br /> 7. Should the water surface area be greater than 0.49 acres, an amendment to this plan <br /> must be submitted with updated evaporation numbers and a method to replace the <br /> evaporation losses. <br /> 8. The applicant shall maintain monthly records of all diversions, replacements, and the <br /> amount of water used for each particular purpose. Adequate accounting of <br /> depletions and replacements (in acre-feet) must be provided to the Water <br /> Commissioner and/or Division Engineer on forms and at times acceptable to <br /> both of them. The accounting form(s) shall be sufficient to demonstrate that the net <br /> effective replacement equaled or exceeded the total depletion on a monthly basis. All <br /> replacement water must be concurrent with depletions in quantity, timing and location, <br /> except that releases aggregated at the discretion of the Division Engineer may occur <br /> in a later month than the depletions. Said accounting must be sent to the Division <br /> 7 Augmentation Coordinator (Div7Accounting@state.co.us) by the 10th of the <br /> month following the reporting period. According to the Division 7 Office, the <br /> above-referenced accounting has not been submitted, as required, in previous <br /> years. Should the applicant not submit accounting acceptable to the Division <br /> Engineer, they will be subject to administration and enforcement by the Division <br /> 7 Office. <br /> 10. Application must be made in Water Court for a permanent plan for augmentation for the <br /> uses herein allowed by the expiration date of this plan should operations continue at the <br /> site. Approval of this plan does not imply approval by this office of any such court <br /> application. <br /> 11. This plan may be revoked or modified at any time should it be determined that injury to <br /> other vested water rights has or will occur as a result of the operation of this plan. <br /> Should this substitute water supply plan expire without renewal or be revoked prior to <br /> adjudication of a permanent plan for augmentation, all out of priority diversions must <br /> cease immediately. <br />