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IA1Y-03.65 11:05At1 FROIh-Colo Div of Water Rarources +3036663569 T-670 P.OOd/012 F-251 <br />Ms. Brent Kerr <br />Scott Expansion of the Chambers Pit, Substitute Water Suppry plan <br />May 3, 2005 <br />Page 3 <br />7. All pumping for dust control shall be measured in a manner acceptable to the <br />Division Engineer. <br />8. Replacement water is to tie supplied by/from dry-up of 21.0 acres of the Last Chance <br />Ditch, which was irrigated by 42 shares in the Loesch and Crenn Ditch Company. The <br />42 shares equate to 0.745 cis. A map of the dry-up area is attached. <br />9. The water attributable to the applicant's Last Chance Ditch shares must continue to <br />be diverted in-priority at the ditch and then measured back to the Colorado River. <br />Adequate measuring devices acceptable to the water commissioner must be <br />installed. <br />10. The replacement water that is the subject of this plan cannot be sold or leased to <br />any other entity. As a condition of subsequent renewals of this substitute water <br />supply plan, the replacement water must be appurtenant to this site until a plan for <br />augmentation is obtained. A copy of this approval letter should be recorded with the <br />County Gerk 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 <br />Division 5 Engineer in Glenwood Springs (Alan Martellaro, P.O. Sox 396, Glenwood <br />Springs, CO. 81602, 970-945-5665) and the District 45 Water Commissioner (James <br />R. Lemon, 6343 County Road 301, Parachute, CO. 81635, 970-fi25-2317) on a <br />monthry basis or other interval acceptable to both of them. The accounting provided <br />with your application is subject to modification and approval by the Division <br />Engineer. All amounts shall be in acre-feet <br />12. The name, mailing address, and phone number of the wntact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the Division Engineer and Water Comm'~ssioner. <br />13. Dewatering at this site will produce delayed depletions to the stream system. As long <br />as the pit is continuously dewateried, the water returned to the stream system should <br />be adequate to offset the depletions attributable to the dewatering operation. Once <br />dewatering at the site ceases, the delayed depletions must be addressed. <br />Accordingly, dewatering is required to continue during the term of this approval. At <br />least three years prior to completion of dewatering, a plan must be submitted that <br />spedfies how the post pumping dewatering depletions (including refilling of the pit) <br />will be replaced, in time, place and amount. <br />14. tf reclamation of the mine site produces a permanent water surtace exposing <br />groundwater to evaporation, an application for a pion for augmentation must be tiled <br />with the Division 4 Water Court at least three years prior to the completion of mining <br />to include, but not be limited to, long-term evaporation losses. If a lined pond results <br />after redamatinn, replacement of lagged depletions shalt continue until there is no <br />longer an effect on stream flow. Granting of this plan does not imply approval by <br />this office of any such court application(s). <br />15. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />