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Sent By: APPLEGATE GROUP, 1NL'.; Mr. Jason Morrow July 17, 2001 Page 3 JU.]47cbblli Auy-iu-ui e. oorrvi, • r n~c Diu 3. Approval of this plan is for the purposes as stated herein. Any additional uses for this water must first be approved by this office. Any future atlditic,nal historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 4. All pumping far dust control shall be measured in a manner acceptable to the Division Engineer. 5. Adequate accounting of depletions and replacements (in acre-feel) must be provided to the Water Commissioner and/or Division Engineer on forms and at times acceptable to both of them. The accounting form(s) shall be sufficient to demonstrate that the net effective replacement equaled or exceeded the total depletion on a monthly basis. All replacement water must be concurrent with depletions in quantity, timing and location, except that releases aggregated at the discretion of the Division Engineer may occur in a later month than the depletions. :raid accounting must be received by the 10" of the month following the reportincJ period. 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. The approval of this :substitute water supply plan does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an appliglion for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. B. This plan is valid through December 31, 2001, unless otherwise revoked or modified. This plan will be extended through December 31, 2002 contingent upon receiving a 2002 lease agreement with the City of Greeley for 21.4 acre-feet of WWTP effluent. 9. 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. 10 If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $217) at least 45 days prior to the expiration date of this plan (by November 14, 2002). 11. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately.