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Ms. Miranda C. Larsen <br />Larimer Pit, M-74-069 <br />May 19, 2005 <br />Page 3 <br />8. Adequate flow measuring devices, satisfactory to the Water Commissioner, must be <br />installed for the administration of the replacement water from the Barnes Ditch. <br />9. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity during the term of this approval. As a condition of the subsequent renewals of this <br />substitute water supply plan, the replacement water must be appurtenant to this site until the <br />plan for augmentation in case no. 2000CW 142 is obtained. A copy of this approval letter <br />should be recorded with the county clerk and recorder. All replacement water must be <br />concurrent with depletions in quantity, timing and location. <br />10. Adequate accounting of diversions, cubic yards of concrete batching, tons of mined product, <br />water used for dust suppression, and replacements must be provided to the Division <br />Engineer and the Water Commissioner on a monthly basis or other interval acceptable to <br />both of them. The accounting form provided with your application is subject to modification <br />and approval by the Division Engineer. All amounts shall be in acre-feet, except concrete <br />batching, which shall be in cubic yard, and mined product, which shall be in tons. <br />11. The name, address, and phone number of a contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms to the <br />Division Engineer and Water Commissioner. <br />12. If reclamation of the mine site produces a permanentwatersurface exposing groundwaterto <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-terrn evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. The approval of this plan does not imply a position by our office on <br />any litigation associated with case 2000CW 142 or any other case. <br />13. Dewatering at this site will produce delayed depletions to the stream system. As long as the <br />pit is continuously dewatered, the water returned to the stream system should be adequate <br />to offset the depletions. However, once dewatering at the site ceases the delayed depletions <br />must be addressed. At least three years prior to completion of dewatering, a plan must be <br />submitted that specifies how the post pumping dewatering depletions will be replaced, in <br />time, place and amount. <br />14. Loveland Ready-Mix Concrete has obtained a bond in the amount of $300,000 for <br />reclamation of the mining site. In the event that depletions at the site are no longer being <br />replaced, the bond can be used to finance completion of the pond liners or backfilling of the <br />ponds to prevent further depletions to the stream system and injury to senior vested water <br />rights. <br />15. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this plan. <br />16. 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 productfrom below the <br />water table and all other use of water at the pit must cease immediately. <br />