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Mr. Richard T. Raines January 12, 2007 Page 3 I hereby approve this substitute water supply plan, in accordance with Section 37-90- 137(11), C.R.S., subject to the following conditions: This plan is approved with the effective date of November 1, 2006 and shall be valid through October 31, 2007 unless othervvise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257 for each mining site) no later than September 15, 2007. 2. The total area of pond surface exposed after December 31, 1980 for each of the pits shall not exceed those values listed in Table A of this approval. Should the total surface area exposed exceed those amounts, an amendment will need to be filed with this office. 3. The total amount of ground water to be appropriated from each of the pits shall not exceed the values listed in Table B of this approval. 4. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. Any future additional historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 5. All pumping for dust control shall be measured in a,manner acceptable to the division engineer. 6. All releases of replacement water must be sufficient to cover all out of priority depletions and be made under the direction and/or approval of the water commissioner. The replacement may be aggregated to maximize beneficial use. The water commissioner and/or division engineer shall determine the rate and timing of an aggregated release. 7. The replacement water, which is the subject of this plan cannot be sold or teased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the county clerk and recorder. All replacement water must be concurrent with depletions in quantity, timing, and locations. 8. The name, address, and phone number of the contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms submitted to the division engineer and the water commissioner. 9. Adequate accounting of depletions and replacement must be provided to the division engineer in Greeley and the water commissioner on a monthly basis or other interval acceptable to both of them. The accounting form provided with your application is subject to modification and approval by the division engineer. All amounts shall be in acre-feet. 10. The amount and location of the dry-up of the irrigated acreage associated with the applicant's 5.75 shares of the Taylor and Gill Ditch was documented and approved by the division engineer and water commissioner. A map and legal description of the dry-up was submitted to the water commissioner, division engineer and the state engineer in a report dated July 13, 1990 as part of the documentation process.