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Mr. William Blatchley <br />August 3, 2006 <br />Page 3 <br />annual evaporative loss is estimated as 1.11 acre-feet (using an assumed ice covered <br />period of November 6 through April 4). <br />4. The annual total product mined at the Clare Pit shall not exceed 20,000 cubic yards per year <br />resulting in 1.0 acre-foot of water lost with the mined aggregate. <br />5. In the event that more than 20,000 cubic yards per year is mined, or more than 2.8 acres of <br />surface area of groundwater is exposed after January 1, 1981, Applicant is required to <br />immediately file an amendment to this SWSP to include such increased amounts. <br />6. Approval of this SWSP is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. Any future historic consumptive use credits <br />sought for this site (e.g., agricultural water transfer) must consider all previous credits <br />applied. <br />7. Applicant shall replace the net evaporation depletions from the exposed ground water <br />surface area that may occur during the assumed ice covered period (November 6 through <br />April 4) for any time that the exposed ground water in the pit is not completely covered by <br />ice. <br />8. The replacement source for the depletions accruing to Twin Creek resulting from this <br />mining operation is to be a lease agreement with MMRC. A copy of the executed lease <br />agreement with the MMRC was submitted to this office with the SWSP request and is <br />attached to this letter. <br />9. The replacement water that is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this SWSP, the replacement water <br />must be appurtenant to this site until a plan for augmentation is obtained. A copy of this <br />approval letter should be recorded with the County Clerk and Recorder. All replacement <br />water must be concurrent with depletions in quantity, timing and locations. <br />10. Adequate accounting of depletions and replacements must be provided to the division <br />engineer and water commissioner on a monthly basis or other interval acceptable to both of <br />them. The accounting provided with your application is subject to modification and approval <br />by the division engineer. All amounts shall be in acre-feet. <br />11. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the accounting <br />forms to the division engineer and water commissioner. <br />12. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with the <br />Division 1 Water Court at least three years prior to the wmpletion of mining to include, but <br />not be limited to, long-term evaporation losses. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. Granting of this plan does not imply approval by this office of any such court <br />application(s) <br />13. This SWSP may be revoked or modified at any time should it be determined that injury to <br />other water rights has or will occur as a result of this plan. Should this SWSP expire without <br />renewal or be revoked prior to adjudication of a permanent plan for augmentation, all <br />