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Ms. Michelle Austin <br />March 14, 2007 <br />Page 3 <br />4. The total amount of product mined at the Feit Pit shall not exceed 100,000 tons per year, which <br />results in 2.9 acre-feet of water lost with product, 0.8 acre-feet of water used for dust control, 3.1 acre- <br />feet used for concrete production and 0.11 acre-feet for drinking and sanitary purposes. <br />5. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an <br />amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water <br />may be used must first be approved by this office. Any future additional historic consumptive use <br />credit given (e.g. agricultural water transfer) for this site must consider all previous credits given. <br />7. The replacement water, which is the subject of this plan, cannot be sold or leased to any other entity. <br />As a condition of subsequent renewals of this substitute water supply plan, the replacement water <br />must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter <br />should be recorded with the county clerk and recorder. All replacement water must be concurrentwith <br />depletions in quantity, timing and locations. <br />8. The name, address and phone number of the contact person who will be responsiblefor the operation <br />and accounting of this plan must be provided with the accounting form to the division engineer and <br />water commissioner. <br />9. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley and the water commissioner on a monthly basis or other interval acceptable to both of them. <br />The accounting form provided with your application is subject to modification and approval by the <br />division engineer. All amounts shall be in acre-feet. <br />10. By March 30, 2007, the Applicant is required to provide updated accounting to document the <br />monthly amount and timing of releases to maintain the historical return flow obligations of the Gray <br />Lakes water used for replacement purposes. This update must be submitted to the water <br />commissioner, division engineer, and this office. <br />11. The applicant is advised that if a subsequent request to use Gray Lakes water for replacement <br />purposes is submitted without a detailed historical consumptive use analysis being provided to <br />substantiate a larger credit, the consumptive use credit allowed will be limited to 45% for the Gray <br />Lakes water (55% assumed to be return flow). <br />12. All pumping for dust control and concrete production shall be measured in a manner acceptable to the <br />division engineer. Well permit no. 57724-F is used for drinking and sanitary purposes, and must have <br />a totalizing flow meter installed and maintained in good working order. Permanent records of all <br />diversions must be maintained by the well owner (recorded at least monthly) and submitted to the <br />division engineer and water commissioner as required by the terms of this plan. <br />13. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other vested water rights has or will occur as a result of this plan. Should this supply <br />plan expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />14. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court <br />at least three (3) years prior to the completion of mining to include, but not be limited to, long-term <br />