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Mr. Andrew R. Rodriguez <br />Page 3 <br />August 7, 2003 <br />augmentation is obtained. A copy of this approval letter should be recorded with <br />the County Clerk and Recorder. All replacement water must be concurrent with <br />depletions in quantity, timing, and locations. <br />8. Adequate accounting of depletions and replacement must be provided to the <br />Division Engineer in Greeley (810 9"' Street, 2nd Floor, Greeley, Colorado 80631 <br />970-352-8712) and the Water Commissioner (Scott Edgar, 704 Apple Court, <br />Windsor, Colorado 80550, 303-775-0840) 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 <br />in acre-feet. <br />9. The name, address, and phone number of a contact person who will be <br />responsible for the operation and accounting of this plan must be provided on the <br />accounting forms to the Division Engineer and Water Commissioner. <br />10. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be <br />filed with the Division 1 Water Court at least three years prior to the completion of <br />mining to include, but not be limited to, long-term evaporation losses. If a lined <br />pond results after reclamation, replacement of lagged depletions shall continue <br />until there is no longer an effect on stream flow. <br />11. This substitute water supply plan may be revoked or modified at any time should it <br />be determined that injury to other vested water rights has or will occur as a result of <br />this plan. <br />12. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product <br />from below the water table and all other use of water at the pit must cease <br />immediately. <br />13. In accordance with amendments to §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 <br />determine if the substitute supply is of a quality to meet requirements of use to <br />which the senior appropriation receiving the substituted supply has normally been <br />put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirements of use of the senior appropriator are met. <br />14. Diversions attributable to 0.092 shares of the Last Chance Ditch used for <br />replacement during the irrigation season must continue to be diverted in-priority at <br />the ditch then measured back to St. Vrain Creek in the vicinity of the Lohmann Pit. <br />Adequate measuring devices acceptable to the Water Commissioner and Division <br />Engineer must be installed. <br />15. The 0.092 shares in the Last Chance Ditch and one share in the Rural Ditch shall <br />be committed to be used to cover groundwater evaporation in the unforeseen <br />event, or events, that would lead to the abandonment of the pit. The 0.092 shares <br />