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Ms. Michelle Cunico Johnson, Ms. Carrie Spritzer <br />August 14, 2007 <br />Page 3 <br />renewal request must be submitted to this office with the statutory fee (currently $257) by <br />October 31, 2007 (June 1, 2008 if extended). <br />2. The losses associated with this mining operation must not exceed the amounts shown in <br />attached Table 2. Should the losses at the site exceed the amounts shown in Table 2, prior <br />to the expiration of this plan, an amendment will need to be filed. <br />3. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including tong-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior <br />to the completion of mining to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream Flow. <br />4. The Water Commissioner responsible for the administration of this plan is Mr. Robert Stahl, <br />9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. The applicant shall <br />maintain daily records of all diversions, replacements, and the amount ofwater used for each <br />particular purpose. The applicant shall provide a report of these records to the division <br />engineer and the water commissioner on a monthly basis on a form approved by them. The <br />accounting must be submitted within thirty (30) calendar days of the end of the month <br />for which the accounting is being made. <br />5. All releases of replacement water must be sufficient to cover all out of priority depletions and <br />be made under the direction and/or approval of the water commissioner. The replacements <br />may be aggregated to maximize beneficial use. The water commissioner and/or division <br />engineer shall determine the rate and timing of an aggregated release. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. <br />The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the accounting <br />forms to the division engineer and water commissioner. <br />8. Conveyance loss for delivery of augmentation water to the South Platte River is subject <br />to assessment and modification as determined by the division engineer. <br />9. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. In <br />addition, lack of timely accounting may prevent proper administration, which may <br />lead to revocation or modification of this plan. <br />10. 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 />11. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />