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' Mr' Richard T. Raines <br />November 24, 2004 <br />Page 3 <br />4. - The total area of pond surface exposed after December.31, 1980 for each of_the.pits <br />shall not exceed those values listed in Table A of this approval: Should the total surtace <br />area exposed exceed those amounts, an amendment will need to be filed with this <br />office. <br />The total amount of ground water to be appropriated from each of the pits shall not <br />exceed the values listed in Table B of this approval. <br />Approval of this plan is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. Any future additional historic consumptive <br />use credit given (e.g., agricultural water transfer) for this site must consider all previous <br />credits given. <br />;411 pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />8. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/dr 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 />9. 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. <br />10. 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 submitted <br />to the division engineer and the water commissioner. <br />11. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is <br />subject to modification and approval by the division engineer. All amounts shall be in <br />acre-feet. <br />12. The amount and location of the dry-up of the irrigated acreage associated with the <br />applicant's 2.5 shares of the Box 'Elder Ditch was documented and approved by the <br />division engineer and water commissioner. A map and legal description of the dry-up <br />was submitted to the water commissioner, division engineer and the state engineer in a <br />letter dated April 8, 2004 as part of the documentation process. <br />13. 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 <br />plan. <br />14. If reclamation of the mine site produces a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed <br />with the Division 1 Water Court at least three years prior to the completion of mining to <br />include, but -not be limited to, long-term evaporation losses. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue.until there is no longer an <br />