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Mr. Forrest Leaf, P.E. <br />Nissen Pit M2003-001 <br />October 15, 2003 <br />Page 3 <br />10. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley (810 9"'Street, 2nd Floor, Greeley, Colorado 80631, 970-352-8712) and <br />the water commissioner (Robert Stahl, 9378 WCR 25, Fort Lupton, Colorado 80621, 303- <br />857-0742) on a monthly basis or other interval acceptable to both of them. The accounting <br />form provided with your application is subject to modification and approval by the division <br />engineer. All amounts shall be in acre-feet. <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 will produce a permanent water surface exposing groundwater <br />to 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 limited <br />to, long-term evaporation losses. If a lined pond results after reclamation, replacement of <br />lagged depletions shall continue until there is no longer an effect on stream flow. <br />13. Dewatering at this site wilt 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. 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 />15. 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 product from below the <br />water table and all other use of water at the pit must cease immediately. <br />16. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and <br />Regulations adopted on February4, 1992, the State Engineershalt determine ifthe substitute <br />supply is of a quality to meet requirements of use to which the senior appropriation receiving <br />the substituted supply has normally been put. As such, waterquality data oranalyses may be <br />requested at any time to determine if the requirements of use of the senior appropriator are <br />met. <br />17. The dry year analysis required by this office for a permanent plan for augmentation may vary <br />from the analysis approved in this substitute water supply plan. This substitute water supply <br />plan shall have no precedential or evidentiaryforce,and does not constitute an admission or <br />statement of position in any other proceeding. This plan shall not be concurrence with any <br />findings of fact or conclusions of law contained herein, orwith the engineering methodologies <br />used by the Applicant. <br />