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Cheryl Signs, P.E. <br />Durham Pit, M-1978-056 <br />Page 3 <br />Approval of this plan is for the purposes as stated herein. This office must first approve any additional <br />uses for the water. Any future additional historic consumptive use credit given (e.g., agricultural water <br />transfer) for this site must consider all previous credits given. <br />7. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br />8. The water attributable to 5 shares of the Greeley Canal No. 3 and Fossil Creek Reservoir must <br />continue to be diverted in priority at the ditch and reservoir then measured back to the Cache La <br />Poudre River in the vicinity of the Durham Pit. Adequate measuring devices acceptable to the water <br />commissioner must be installed. <br />9. The Applicant is required to maintain the historical return flow obligations that are associated with the <br />use of the five Rural Ditch shares, five shares of Greeley Canal No. 3 and the Applicant's Fossil <br />Creek Reservoir water used for replacement purposes in this plan. <br />10. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a <br />condition of subsequent renewals of this substitute water supply plan, the replacement water must be <br />appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should <br />be recorded with the County Clerk and Recorder. All replacement water must be concurrent with <br />depletions in quantity, timing, and locations. <br />11. Adequate accounting of depletions and replacements must be provided to the division engineer and <br />water commissioner on a monthly basis or other interval acceptable to both of them. The accounting <br />provided with your application is subject to modfication and approval by the division engineer. All <br />amounts shall be in acre-feet. <br />12. The amount and location of the dry-up of the irrigated acreage associated with the applicant's new <br />share of the Rural Ditch Company used on Sewald property must be documented and approved by the <br />division engineer and water commissioner before any consumptive use credits are available for use <br />under this plan. A map and legal description of the dry-up must be submitted to the water <br />commissioner, division engineer and the state engineer as part of the documentation process. <br />13. The name, mailing address, and phone number of the contact person who will be responsible for <br />operation and accounting of this plan must be provided on the accounting forms to the division <br />engineer and water commissioner. <br />14. If reGamation of the mine site will produce a permanent water surtace exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at <br />least three years prior to the completion of mining to include, but not be limited to, long-term <br />evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of <br />lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan <br />does not imply approval by this office of any such court appliption(s). <br />15. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is <br />continuously dewatered, the water returned to the stream system should be adequate to offset the <br />depletions attributable to the dewatering operation. Once dewatering at the site ceases, the delayed <br />depletions must be addressed. Accordingly, dewatering is required to continue during the term of <br />this approval. At least three years prior to completion of dewatering, a plan must be submitted that <br />specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, <br />in time, place and amount. <br />16. This substitute water supply plan may be revoked or modified at any time should it be determined that <br />injury to other water rights has or will occur as a result of this plan. <br />