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<br />Mr. John F. Scott <br />Timnath Pit-M89-056AM-Substitute Water Supply Plan <br />Page 3 <br />5. The annual water used for dust control at the Timanth Pit site shall not exceed 3 acre-feet, <br />the total product mined at the Timath Pit site shall not exceed 200,000 tons per year <br />resulting in 5.9 acre-feet of water lost with product, the total annual amountofwater used for <br />gravel washing shall not exceed 1.4 acre-feet and the total annual amountofwater used for <br />equipment washing shall not exceed 10 acre-feet. <br />6. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an <br />amendment is made to this plan. <br />7. Approval of this plan is for the purposes as stated herein. This office must first approve any <br />additional uses forwhich the water may be used. Any future additional historic consumptive <br />use credit given (e.g., agricultural water transfer) for this site must consider all previous <br />credits given. <br />8. All pumping for dust control shall be measured in a manner acceptable to the Division <br />Engineer. <br />9. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. <br />A copy of this approval lettor should be recorded with the County Clerk and Recorder. All <br />replacement water must be concurrent with depletions in quantity, timing, and locations. <br />10. The amount and location of the 151.7 acres dry-up of the irrigated pasture associated with <br />the Applicant's shares of the Box Elder Ditch must be documented and approved by the <br />division engineer and water commissioner before any consumptive use credits are available <br />for use under this plan. As part of the documentation process a map and legal description of <br />the dry-up was submitted to the State Engineer on June 21, 2004. <br />11. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is subjectto <br />modification and approval by the division engineer. All amounts shall be in acre-feet. <br />12. The name, address, and phone number of a contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms to the <br />division engineer and water commissioner. <br />13. If reclamation of the mine Site will produce a permanentwater surface exposing groundwater to <br />evaporation, an application fora plan foraugmentation must be filed with the Division 1 Water <br />Court at least three years prior to the completion of mining to include, but not be limited to, <br />long-term evaporation losses and lagged depletions. 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. An application for a plan for augmentation was filed with the Division 1 Water Courtin <br />case no. 2004CW006. Granting of this plan does not imply approval by this office of any such <br />court application(s). <br />