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Mr. Jared Dains, P.E. <br />May 7, 2015 <br />Page 7 of 9 <br />the attached Division One Administration Protocol "Use of Replacement Sources Not <br />Specifically Identified in an SWSP or Augmentation Plan". <br />10. All releases of replacement water must be sufficient to cover all out -of -priority depletions in <br />time, place, and amount and must be made under the direction and/or the approval of the <br />water commissioner. The release of replacement water may be aggregated to maximize <br />beneficial use. The water commissioner and/or the division engineer shall determine the rate <br />and timing of an aggregated release. The Applicant is required to coordinate with the water <br />commissioner the delivery location of replacement water to ensure out -of -priority depletions <br />are adequately replaced to prevent injury to other water rights. <br />11. The water attributable to the 3.0 shares of the GIC must continue to be diverted in priority at <br />the ditch and then measured back to the Cache la Poudre River in the vicinity of the Greeley <br />Pit. Adequate measuring devices acceptable to the water commissioner must be installed. <br />12. All pumping for dust control purposes shall be measured in a manner acceptable to the <br />division engineer. <br />13. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1AccountinCstate.co.us) and the water commissioner (Mark Simpson <br />at Mark.Simpson@state.co.us) on a monthly basis or other interval acceptable to both of <br />them. The accounting form provided with your application is subject to modification and <br />approval by the division engineer. Alt amounts shall be in acre-feet. Submitted accounting <br />shalt conform to the Administration Protocol "Augmentation Plan Accounting, Division One - <br />South Platte River" (attached). <br />14. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to <br />the division engineer and the water commissioner. <br />15. Conveyance loss for delivery of augmentation water is subject to assessment and modification <br />as determined by the water commissioner or division engineer. <br />16. If reclamation of the mine site will produce a permanent water surface exposing groundwater <br />to evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three years prior to the completion of mining to include, but not be <br />limited to, long-term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. Granting of this plan does not imply approval by this office of any such <br />court application(s). <br />17. For the purposes of this SWSP, the previously submitted affidavit dedicating 3.0 GIC shares as <br />replacement water solely to this SWSP will be accepted for the dedication of the shares; <br />however, if the State Engineer determines that a different affidavit or dedication process is <br />necessary to assure proper dedication of the shares, additional information may be required <br />prior to future SWSP approvals. A copy of the dedication for the additional 2.5 shares <br />obtained by the Applicant must be provided to this office. <br />18. Approval of this SWSP does not relieve the Applicant of their obligation to actively pursue the <br />acquisition of these additional shares of GIC water or develop an alternate plan for achieving <br />compliance with the DRMS's April 30, 2010 letter. Prior to future approvals the Applicant <br />must dedicate additional water to this plan or propose other steps that will be taken to <br />prevent the exposure of additional ground water at the pit and associated long term <br />augmentation requirements. <br />