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