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Ms. Michelle Cunico Johnson, Ms. Carrie Spritzer <br />March 14, 2007 <br />Page 3 <br />The losses associated with this mining operation must not exceed the amounts shown in <br />attached Table 2. Should the losses at the site exceed the amounts shown in Table 2, prior <br />to the expiration of this plan, an amendment will need to be filed. <br />At such times as there is an internal call on Clear Creek, replacement sources from <br />Clear Creek cannot be used to replace the depletions to the So ~ th Platte River, unless <br />specifically approved by the Water Commissioner. Currently an' adequate bypass <br />structure is not installed to assure that the replacement water islbeing bypassed during <br />times when the Lower Clear Creek Ditch & Colorado Agriculture, Ditch is the calling <br />structure. Without an adequate bypass structure the delivery oflthe replacement water <br />cannot be administered. <br />The approval of this substitute water supply plan does not relieve the Applicant and/or <br />landowner of the requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacemen} of all depletions, including <br />long-term evaporation losses and lagged depletions after gravel mining operations have <br />ceased. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmen}ation must be filed with the <br />Division 1 Water Court at least three (3) years prior to the completion of mining to include, <br />but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond <br />results after reclamation, replacement of lagged depletions sha I continue until there is no <br />longer an effect on stream flow. <br />5. The Water Commissioner responsible for the administration of this plan is Mr. Robert Stahl, <br />9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-'0742. The applicant shall <br />maintain daily records of all diversions, replacements, and the amount of water used for each <br />particular purpose. The applicant shall provide a report of these records to the division <br />engineer and the water commissioner on a monthly basis on a form approved by them. The <br />accounting must be submitted within thirty (30) calendar days of the end of the month <br />for which the accounting is being made. <br />In addition, the applicant shall submit a report from the entity making replacements using <br />fully consumable effluent; for this plan, that entity is the Consolidated Mutual Water <br />Company. The report shall include an accounting of all wastewater plant water effluent <br />controlled by the entity, showing the total volume of water under its control at the various <br />wastewater treatment plants, and the amount committed to eac of the recipients of the <br />water. <br />6. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/or approval of the water commissioner. The <br />replacements may be aggregated to maximize beneficial use. IThe water commissioner <br />and/or division engineer shall determine the rate and timing of an aggregated release. <br />Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. <br />8. The name, mailing address, and phone number of the contact person who will be <br />