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Mr. Donald Frick <br />August 15, 2005 <br />Page 3 <br />4. Applicant shall follow the accounting protocol as referenced in the attached document <br />for the operation of this SWSP. <br />5. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/or approval of the Water Commissioner. The <br />replacement may be aggregated to maximize beneficial use. The Water Commissioner <br />and/or Division Engineer shall determine the rate and timing of an aggregated release. <br />6. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/or approval of the Water Commissioner(s). The <br />replacement may be aggregated to maximize beneficial use. The Water <br />Commissioner(s) and/or Division Engineer shall determine the rate and timing of an <br />aggregated release. <br />7. 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 locations. The use of replacement water must be incompliance with all agreements <br />with the providers of replacement water. <br />8. Dewatering at the pits will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions. However, once dewatering at the site ceases, the <br />delayed depletions must be addressed. At least three years prior to completion of <br />mining, a plan must be submitted that specifies how the post pumping dewatering <br />depletions will be replaced in time, place and amount. <br />9. Approval of this plan is for the purposes as stated herein. This office must first approve <br />any additional uses for which the water may be used. <br />10. 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 long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine sites will produce a <br />permanent water surface exposing groundwater to evaporation, an application for a plan <br />for augmentation must be filed with the Division 1 Water Court at least three (3) years <br />prior to the completion of mining to include, but not be limited to, long-term evaporation <br />losses and lagged depletions. If a lined pond results after reclamation, replacement of <br />lagged depletions shall continue until there is no longer an effect on stream flow. <br />11. 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 to the Water Commissioner <br />and the Division Engineer. <br />12. This plan may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this plan. <br />