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Frank C. Healy <br />January 4, 2006 <br />Page 3 <br />a lease contract is secured. Contracts by LAW MA must specify an acre-foot amount of <br />water that has been leased for replacements in this plan. All Rite must provide written <br />contracts to this office and the division office within 7 days of obtaining the signed contracts. <br />7. The approval of this substitute water supply plan does not relieve All Rite of the requirement <br />to obtain a Water Court approved permanent plan for augmentation to ensure the <br />permanent replacement of all depletions, including long-term evaporation losses after the <br />gravel mining operations have ceased. Application for an augmentation plan should be <br />made three years prior to the completion of mining with the intent of obtaining a decreed <br />plan by the completion of mining. Approval of this substitute supply plan does not imply a <br />position by this office on any related litigation. <br />8. Should a request for renewal of this plan be needed, such renewal request must be <br />submitted to this office, along with the required statutory fee of $217, at least 45 days prior <br />to the expiration date of this plan (February 15, 2006). <br />9. This plan may be revoked or modified at any time should it be determined that injury to other <br />vested water rights has or will occur as a result of the operation of this plan. <br />10. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all ground water pumping and mining of <br />product from below the ground water table must cease immediately. <br />11. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />whether or not the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />12. Acceptance of these conditions shall be assumed unless a letter to the contrary is received <br />by this office, the Division Engineer (310 E. Abriendo, Suite B, Pueblo CO 81004), and the <br />Water Commissioner (Dan Neuhold, 30240 County Road 12, Lamar, CO 81052) within two <br />weeks of your receipt of this letter. <br />Should you have any questions, please contact Heidi Frey of this office or Kalsoum <br />Abbasi, Augmentation Coordinator, in our Division 2 office in Pueblo at (719) 542-3368. <br />Sincerely, <br />~v~' <br />i k Wolfe, P.E. <br />Assistant State Engineer <br />cc: Steve Witte, Division Engineer <br />Dan Neuhold, Water Commissioner <br />Division of Mines and Geology <br />DW/HCF:word/lamar pit <br />