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Ms. Mariah McPherson and Mr. Peter Foster September 14, 2007 <br />Colona Gravel Pit, Substitute Water Supply Plan Page 3 <br />water for at least 0.2 acre-feet to replace estimated depletions from October <br />through December 2007. Also, no later than December 31st, 2007, the Applicant <br />must likewise submit copies of the approved water allotment contracts from Tri- <br />County Water Conservancy District for Ridgeway Reservoir water for at least 12.3 <br />acre-feet, and the U.S. Bureau of Reclamation for Blue Mesa Reservoir water for at <br />least 4.2 acre-feet to replace estimated depletions 2008. If the required contracts <br />are not submitted, this plan expires on December 31, 2007. <br />5. The total area of exposed groundwater shall not exceed 6.28 acres, and total <br />consumptive use of the mining operation shall not exceed 29.3 acre-feet of which <br />17.5 acre-feet is due to evaporative losses, 8.8 acre-feet is water removed in <br />product (4% moisture of 300,000 tons of raw material), and 3.0 acre-feet is used <br />for dust suppression. Any increases in depletions must be submitted to this office <br />as an amendment to this plan. <br />6. The issue of lagged depletions resulting from aggregate removal and subsequent <br />refilling with water in pits being wet mined is being reviewed by the State Engineer <br />and must be addressed at a later date. <br />7. Approval of this plan is for the purposes as stated herein. Any additional uses of <br />this water must first be approved by this office. <br />8. All pumping for dust control shall be measured in a manner acceptable to the <br />Division Engineer. <br />9. Replacement water shall be made available to cover all out-of-priority depletions in <br />time, place and amount and shall be made available under the direction and/or <br />approval of the water commissioner. The replacement water that is the subject of <br />this plan cannot be sold or leased to any other entity. As a condition of subsequent <br />renewals of this substitute water supply plan, the replacement water must be <br />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 <br />replacement water must be concurrent with depletions in quantity, timing, and <br />locations. <br />10. All deliveries of replacement water shall be measured in a manner acceptable to <br />the Division Engineer. <br />11. A financial warranty in the form of a bond for $161,568.00, which is sufficient to pay <br />for reclamation of the area disturbed by mining, has been obtained through the <br />Division of Reclamation, Mining and Safety. The estimates for the financial <br />warranty include a provision for backfilling of the pit such that the floor of the pit will <br />be dry rangeland. Therefore, in the event that the operator andlor landowner fail to <br />obtain a water court decreed plan for augmentation sufficient to replace depletions <br />from the exposed ground water surface in the pit, the bond can finance the <br />backfilling of the pit. <br />12. The Applicant has agreed to dedicate the historical consumptive credit from <br />irrigation of the site with 2.5 shares of the Ouray Ditch to long-term replacement <br />requirements in the unforeseen event, or events, which would lead to the <br />abandonment of the pit. Note that such dedication does not relieve the Applicant <br />