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<br />Frank C. Healy <br />8/15/2006 <br />Page 3 <br />a lease contract is secured. Contracts by LAW MA must specify an acre-foot amount of <br />water that has been leased for replacements in this plan. All Rite must provide written <br />contracts to this office and the division office within 7 days of obtaining the signed contracts. <br />This approval is of a temporary nature where as the uses of the gravel pit in this plan is of a <br />permanent nature that will require a court decreed plan for augmentation. The plan has <br />been approved with LAW MA as the administrator and provider of augmentation water, and <br />the intent of the applicant is to maintain such affiliation with the association until the <br />association obtains a court approved plan for augmentation, which would include the gravel <br />pit. In order to continue operating in this manner the association must provide, with any <br />request for renewal of this plan, written commitment to continue providing replacement water <br />for this gravel pit and to obtain an augmentation plan which will include this pit, and specify a <br />target date by which application will be made with the water court for such a plan. Contracts <br />with IAWMA were provided with the plan renewal application. <br />8. Should a request for renewal of this plan be needed, such renewal request must be <br />submitted to this office, along with the required statutory fee of $257, at least 45 days prior <br />to the expiration date of this plan. <br />9. This plan may be revoked or modified at any time should it be determined that injury to other <br />vested water rights has or will occur as a result of the operation of this plan. <br />10. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all ground water use must cease <br />immediately. Therefore, the $48,050 bond must continue to be held with the Division of <br />Reclamation, Mining and Safety to line or backfill the pit. <br />11. Acceptance of these conditions shall be assumed unless a letter to the contrary is received <br />by this office, the Division Engineer (310 E. Abriendo, Suite B, Pueblo CO 81004), and the <br />Water Commissioner (Dan Neuhold, 30240 County Road 12, Lamar, CO 81052) within two <br />weeks of your receipt of this letter. <br />Should you have any questions, please contact Heidi Frey of this office or Kalsoum <br />Abbasi, Augmentation Coordinator, in our Division 2 office in Pueblo at (719) 542-3368. <br />Sincerely, <br />ck Wolfe, P.E. <br />Assistant State Engineer <br />Attachment: Table 1 <br />cc: Steve Witte, Division Engineer <br />Dan Neuhold, Water Commissioner <br />Division of Reclamation, Mining and Safety <br />DW/HCF:Lamar Pit 2006.doc <br />