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Mark McLean <br />July 18, 2007 <br />Page 4 <br />'7. Kirkland Construction, RLLP will provide data to the Division Engineer's office, or other <br />entity designated by the State Engineer, in a standard format designated by the State or <br />Division Engineer, and at such times as are necessary to ensure timely computations to <br />determine compliance. Accounting must include all information ree~uested, including but not <br />limited to pumping data, and deliveries of replacement water. Spec~cally, both ownerluser <br />supplied pumping data and replacement operations data for the prE:vious month must be <br />provided to the Division Engineer by no later than the 10th of each month. Reports of <br />pumping by individual wells, which are not in compliance with the provisions of the approved <br />plan, must be submitted as they are detected. <br />8. Kirkland Construction, RLLP must monitor the well so as to be able to verify compliance with <br />the plan. Should Kirkland Construction, RLLP be out of compliance with the plan, Kirkland <br />Construction, RLLP must notify the State and Division Engineers of that fact as provided for <br />in Rule 10 of the Rules. <br />9. Kirkland Gonstruction, RLLP agrees to replace out of priority depletions to senior surface <br />water rights in Colorado occurring after the expiration date of this pl~~n that are caused by <br />diversions prior to March 31, 2008. To guarantee that sufficient replacement water will be <br />provided to replace such depletions, AGUA shall maintain $263.76 in their Piper Jaffray <br />account dedicated to this plan to cover 27.98 acre-feet of post plan replacement water. <br />10. Should a request for renewal of this plan pursuant to Section 37-92-3(18(4), C.R.S. be needed, <br />such renewal request must be submitted to this office and the Division 2 office at least 90 days <br />prior to the expiration date of this plan (January 1, 2008). <br />11. In accordance with amendments to Section 25-B-202-(7), C.R.S. and "~3enate Bill 89-181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall continue to determine <br />whether or not the replacement supply is of a quality to meet requireme:nts 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 thie contrary is received <br />by this office, the Division Engineer (Steve Witte, 310 E. Abriendo, Suite B, Pueblo CO <br />81004), and the Water Commissioner (John Van Oort, 8237 Old San Isabel Rd, Rye, CO <br />81069) within two weeks of your receipt of this letter. <br />If you have any questions do not hesitate to contact Heidi Frey of this office or Kalsoum <br />Abbasi, Augmentation Coordinator, at the Division 2 Office in Pueblo at (719) 542-3368. <br />Sincerely, <br />~~ <br />ick Wolfe, P.E. <br />Assistant State Engineer <br />Attachments: Tables 1, 2, 3 & 4 <br />