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Mark A. Hermundstad <br />July 12, 2005 <br />Page 3 <br />must continue to obtain approval for a substitute supply plan that replaces all out-af-priority <br />depletions associated with the exposed ground water surface until such water court approval <br />occurs. If a lined pond results after reclamation, replacement of tagged depletions shall continue <br />until there is no longer an effect on stream flow. <br />10. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has occurred or will occur as a result of the <br />operation of this plan. <br />11. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below the <br />water table and all other use of water at the pit must cease immediately. <br />12. In accordance with amendments to CRS 25-8-202{7) and Senate Bill 89-181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute <br />supply is of a quality to meet requirements of use to which the senior appropriation receiving the <br />substituted supply has normally been put. As such, water quality data or analyses may be <br />requested at any time to determine if the requirements of use of the senior appropriator are met. <br />13. Diversions attributable to 5.11 shares in the Larkin Ditch Company used for replacement during <br />the irrigation season must continue to be diverted in-priority at the ditch then measured back to <br />the Colorado River in the vicinity of the Debeque Pit. Adequate measuring clevices acceptable <br />to the Water Commissioner must be installed. <br />14. The 5.11 shares in the Larkin Ditch Company shall be committed to be used to cover <br />groundwater evaporation in the unforeseen event, or events, that would leacl to the <br />"abandonment of the pit. The 5:11 shares in the Larkin Ditch Company have an estimated-32.5 <br />acre-feet of historic net stream depletions.: 'The maximum total mined area >hall be limited to 6 <br />acres so that the historical consumptive use attributable to the 5.11 shares in the Larkin Ditch <br />.Company would cover the annual evaporation from the pit, in the case of abandonment. <br />15. The dry year analysis required by this office for a permanent plan for augme~ntafion-may vary <br />from the analysis approved in this substitute water supply plan. Approval of this substitute water <br />supply plan shall have no precedential or evidentiary force, does not constitute an admission or <br />statement of position in any other proceeding, and shall not imply concurrence with any findings <br />of fact or conclusions of law contained herein, or with the engineering methodologies used by <br />the Applicant. <br />Should you have any questions regarding this plan, please contact Alan Martellaro in Glen_wo_ od _ <br />Springs at (970) 945-5665, o~ Craig Lis fn-ISenver a~803'~~66~- 58~. <br />Sincerely, ~ 1 <br />~W <br />ick Wolfe, P.E. <br />Assistant State Engineer <br />Attachment: Table 9, Water Balance <br />DW/CMUCJUDebeque Pit M81058 iii.doc <br />cc: Alan Martellaro, Division Engineer, Division 5 <br />Don Mackey, District 45 Water Commissioner <br />Division of Minerals and Geology <br />