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Mr. Richard T. Raines <br />East Rigden Pit Substitute Water Supply Plan (M-79-097) <br />September 30, 2005 <br />Page 2 <br />estimated to yield 327.3 acre-feet. The pro-rata consumptive use for one share during May through <br />September is 40.9 acre-feet and the pro-rata return flow obligation for one share for Octoberthrough April <br />is 6.9 acre-feet. Accordingly, 47.8 acre-feet (includes consumptive use and return flows) will be diverted <br />into the recharge pond during the 2006 irrigation season. The lagged accretions to the Cache la Poudre <br />River are estimated to total 47 acre-feet for this approval period. A monthly breakdown of depletions and <br />replacements is shown on the attached Table 1 that was submitted with your report. <br />1 hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11), <br />C.R.S., subject to the following conditions: <br />1. This plan is approved with the effective dafe of November 1, 2005 and shall be valid through October <br />31, 2006 unless otherwise revoked or modified. If this plan will not be made absolute by a water court <br />action by the plan's expiration date, a renewal request must be submitted to this office with the <br />statutory fee (currently $217) no later than September 15, 2006. <br />2. A well permit was obtained for the current use and exposed pond surface area of the gravel pit, <br />permit no. 53509-F in accordance with Section §37-90-137(2) and (11), C.R.S. <br />3. The total surface area of the groundwater exposed at this site shall not exceed 25 acre-feet, being <br />the amount exposed within the reclamation permit boundary prior to January 1, 1981. <br />4. Total consumptive use of the mining operation shall not exceed 1 acre-foot for dust control and <br />0.08 acre-feet for office/asphalt production plant septic system. All pumping for dust control <br />purposes shall be measured in a manner acceptable to the division engineer. <br />5. Should the total consumption at the pit exceed these amounts prior to the expiration date of this <br />plan, an amendment will need to be filed with this office. <br />6. Approval of this plan is for the purpose as stated herein. Any additional uses for which the water <br />may be used must first be approved by this office. <br />7. The replacement water that is the subject of this plan cannot be sold or leased to any other entity <br />during the term of this approval. As a condition of the subsequent renewals of this substitute water <br />supply plan, the replacement water must be appurtenant to this site until the storage water right in <br />case no. 2001 CW202 is obtained and there is no longer effect on the stream flow from the lagged <br />depletions. A copy of this approval letter should be recorded with the county clerk and recorder. All <br />replacement water must be concurrent with depletions in quantity, timing and location. <br />8. The name, address, and phone number of a contact person who will be responsible forthe operation <br />and accounting of this plan must be provided on the accounting forms submitted to the division <br />engineer and the water commissioner. <br />9. Adequate accounting of depletions and replacement must be provided to the division engineer in <br />Greeley and the water commissioner on a monthly basis or other interval acceptable to both of <br />them. The accounting form is subject to modification and approval by the division engineer. <br />10. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other vested water rights has or will occur as a result of this plan. Should this supply <br />plan expire without renewal or be revoked prior to adjudication of a permanent plan for <br />