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Thomas A. Williamsen • <br />September 4, 1996 <br />• Page 3 <br />E. Other amount(s) of replacement water released to the Arkansas River or its <br />tributaries, <br />F. Reservoir(s) and account(s) from which such release(s) were made, <br />G. Transit loss(es) assessed by the Division Engineer far each such release, <br />and <br />H. Portions of the historical depletion credits attributable to the All Rite shares <br />that were used by All Rite and made available to LAWMA, respectively. <br />The: accounting form shall be suffiaent to demonstrate that the net effective replace- <br />ment equaled or exceeded the total depletion on a monthly basis. All replacement <br />wal:er must be concurrent with depletions in quantity, timing and location. <br />7..All Rite's shares of Fort Bent Ditch cannot be sold or leased to any other entity. As <br />a o~ndition of subsequent renewals of this plan the shares must be made appurtenant <br />to the tract of land where the pit is located until a plan for augmentation is obtained. <br />This may be accomplished by recording this approval letter with the county Gerk and <br />recorder. <br />8. In accordance with amendments to Section 25-8-202-('7), C.R.S. and "Senate Bill <br />89-181 Rules and Regutations° adopted on February 4, 1992, the State Engineer shall <br />determine whether or not the substitute supply is of a quality to meet requirements of <br />use: to senior appropriators. As such, water quality data or analysis may be requested <br />at ~rny time to determine if the water quality is appropriate for downstream water users. <br />9. Neither the approval of this substitute supply plan nor any action on LAWMA's pro- <br />poa~ed plan relieves All Rite of the requirement to make application to the Water Court <br />for a permanent plan for augmentation within three years of the date of completion of <br />mining, to ensure the permanent replacement of all depletions, inGuding long-term <br />ev.rporation losses after the gravel mining operations have ceased. <br />10. Approval of this plan does not imply approval by this office on any court application <br />sut~mitted by LAWMA, nor does it imply a position on any related litigation. <br />11. This plan is valid through August 31, 1998, unless otherwise revoked or modified. <br />If a plan for augmentation is not obtained in the Water Court by the expiration date, an <br />annual renewal of this plan is required. Any request for renewal of this plan must be <br />sut~mitted with the statutory fee of $217 prior to August 31, 1998. <br />12. This substitute water supply plan may be revoked or modified at any time should it <br />be determined that injury to other water rights has or will occur as a result of this plan. <br />13. Acceptance of these conditions must be made in writing to this office, the Division <br />Engineer (PO Box 5728, Pueblo CO 81002), and the Water Commissioner (Dan Neu- <br />hold, 30240 County Road 12, Lamar CO 81052) within two weeks of your receipt of <br />this letter. Bepuse these conditions apply both to All Rite and to LAWMA, written ac- <br />cel~tance must be given by bath parties. The name, address, and phone number of a <br />contact person who will be responsible for the operating and accounting of this plan <br />must be provided each by All Rite and LAWMA with the respective acceptance. <br />This office does not condone the eradication of native wetland vegetation. Likewise, <br />approval of this plan does not satisfy any federal laws or regulations or liability resulting there- <br />from. <br />