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PAr. Richard T. Raines Page 3 <br />Greeley West Pit Substitute Water Supply Plan (M-77-081) <br />November 8. 2006 <br />plan for augmentation is obtained. A copy of this approval letter should be recorded with the <br />County Clerk and Recorder. All replacement water must be concurrent ev+th depletions in <br />quantity, timing and location. <br />8. The name, address, and phone number of the contact person who will be respons+ble for the <br />operation and accounting of this plan must be prov+ded on the accounting forms submitted to <br />the division engineer and the water commissioner. <br />9. The amount and location of the dry-up of the irrigated acreage associated with the <br />Applicant's shares of the Greeley Canal no. 3 must be documented and approved by the <br />div+sion eng+neer and water comm+ssioner before any consumptive use credits are available <br />for use under this plan. On October 31, 2002, a map and legal description of the dry-up was <br />subm+tted to the water commissioner, division engineer and the state eng+neeras part of the <br />documentation process. <br />10. Adequate accounting of depletions and replacement must be provided to the division <br />engineer +n Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form is subject to modification and approval by <br />the division engineer. All amounts shall be in acre-feet. <br />11. This subst+tute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water nghts has or will occur as a result of this plan. <br />12. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three years prior to the completion of mining to include, but not be <br />limited to, long-term evaporation losses and lagged depletions. If a tined pond results after <br />reclamation, replacement of lagged depletions shalt continue until there is no longer an <br />effect on stream flow. Granting of this plan does not imply approval by th+s office of any <br />such court application(s). <br />13. In accordance with amendments to §25.8-202(7), C.R.S., and "Senate Bill 89-181 Rules and <br />Regulations' adopted on February 4, 1992. the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />14. Should this supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />15. The decis+on of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any pending <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />involving other plans, or in any proposed renewal of th+s plan, and shall not imply <br />concurrence w+th any findings of tact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />