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x Kimberly K. Edwards December 14, 2006 Page 3 8T Project water in substitute water supply plans. Prior to the use of the C-BT Project water, Loveland shall notify this office, the division engineer and the water commissioner of the amount of C-BT Project water dedicated to this plan and provide a copy of the District's approval letter as required by paragraph I(g) of the District's May, 2005 Interim Rule. 9. 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 with the accounting form to the division engineer and water commissioner. 10. 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 subjectto modification and approval by the division engineer. All amounts shall be in acre-feet. 11. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the ground water table and all other use of water at the pit must cease immediately. 12. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the site ceases the delayed depletions must be addressed. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount. 13. It the dewatering of this site is discontinued, the pit would fill creating additional depletions to the stream system due to increased evaporation. To assure that additional depletions to the river do not occur, a bond for $201,100 through DRMS for lining or backfilling of the lake has been obtained. Therefore, if the dewatering is discontinued this bond can finance the completion of the lining of this pit or the backfilling, thus preventing depletions to the stream system. 14. The approval of this substitute water supply plan does not relieve the Applicant and/or the landowner of the requirement to obtain a water court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining has ceased. If reclamation of the mine site produces a permanent water surtace exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3} years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan does not imply approval by this office of any such court application(s). 15. !n accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute supply is of a qualityto meet requirements of use to which the seniorappropriation receiving the substituted supply has normally been put. As such, water quality data or analysis maybe requested at any time to determine if the requirements of use of the senior appropriator are met.