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" ,~ Mr. Forrest Leaf, P.E. <br />November 10, 2003 <br />Page 4 <br />8. All releases of replacement water must be sufficient to cover all out-of-priority <br />depletions in time, place, and amount and must be made under the direction and/or <br />the approval of the water commissioner. The attached table provides a proposed <br />schedule of replacement. The release of replacement water may be aggregated to <br />maximize beneficial use. The water commissioner and/or the division engineer shall <br />determine the rate and timing of an aggregated release. <br />9. The replacement water, which is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, <br />the replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter should be recorded with the county clerk and <br />recorder. All replacement water must be concurrent with depletions in quantity, timing, <br />and location. <br />10. The name, address, and phone number of a contact person who will be responsible for <br />the operation and accounting of this plan must be provided on the accounting forms <br />submitted to the division engineer and the water commissioner. <br />11. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley (810 9"' Street, 2nd Floor, Greeley, Colorado 80631, 970-352- <br />8712) and the water commissioner (George Varra, 1400 Highway 287 North, Ft. <br />Collins, Colorado 80524, 970-484-1628) on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is <br />subject to modification and approval by the division engineer. All amounts shall be in <br />acre-feet. <br />12. Dewatering at this site will produce delayed depletions to the stream system. As long <br />as the pit is continuously dewatered, the water returned to the stream system should <br />be adequate to offset the depletions. However, once dewatering at the site ceases <br />the delayed depletions must be addressed. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions will be replaced, in time, place and amount. <br />13. The amount and location of the dry-up of the irrigated acreage associated with the <br />Applicant's shares of the Whitney Ditch and Windsor Lake must be documented and <br />approved by the division engineer and water commissioner before any consumptive <br />use credits are available for use under this plan. A map and legal description of the <br />dry-up must be submitted to the water commissioner, division engineer and the state <br />engineer within 90 days of the date of this approval as part of the documentation <br />process. <br />14. If reclamation of the mine site produces a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed <br />with the Division 1 Water Court at least three years prior to the completion of mining <br />to include, but not be limited to, long-term evaporation losses. If a lined pond results <br />after reclamation, replacement of lagged depletions shall continue until there is no <br />longer an effect on stream flow. Granting of this plan does not imply approval by this <br />office of any such court application(s). <br />