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Michelle Austin <br />April 25, 2006 <br />Page 3 <br />Professional Land Surveyor during the plan year or in years covered by subsequent <br />renewals of this plan. <br />3. All releases of replacement water must be sufficient to cover depletions as given on the <br />attached tables and made under the direction and/or approval of the Division Engineer. <br />4. Monthly accounting of water in this plan, including amount of exposed water, <br />evaporation, stream depletions, and replacement water deliveries must be provided to <br />the Water District 14 Water Commissioner and Division Engineer on forms and at times <br />acceptable to them. Said accounting must be received by the 10'" of the month following <br />the month being reported. The name, mailing address, and phone number of the <br />contact person who is responsible for operation and accounting of this plan must be <br />provided on the accounting forms. <br />5. The applicant agrees to replace out of priority depletions to senior surface water rights in <br />Colorado occurring after the expiration date of this plan, which are caused by diversion <br />prior to March 31, 2007. To guarantee that sufficient replacement water will be provided <br />to replace such depletions, a financial warranty in the amount of $150.00 per acre-foot <br />must be provided to this office within 30 days of receipt of this letter to be reserved for <br />purchase of 26.78 acre-feet of future replacement water. <br />6. The approval of this substitute water supply plan does not relieve the applicant and/or <br />the landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 2 Water Court at least three (3) years prior <br />to the completion of mining, to include, but not be limited to, long-term evaporation <br />losses and lagged depletions. If a lined pond results after reclamation, replacement of <br />lagged depletions from mining and dewatering,shall continue unti_I there is no longer an <br />effect on stream flow. <br />7. 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 />8. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, Lafarge West, Inc. shall obtain and <br />present to this office an alternate source of replacement water. <br />9. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules <br />and Regulations" adapted on February 4, 1992, the State Engineer shall determine if this <br />substitute water supply plan is of a quality to meet requirements of use to which the <br />senior appropriation receiving the substitute supply has normally been put. As such, <br />water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />10. The decision of the State Engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />