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Michelle L. Austin <br />September 28, 2004 <br />Page 3 <br />this plan that entity is the Board of Water Works of Pueblo. The report shall include an <br />accounting of all of the fully consumable supplies controlled by Pueblo, showing the total <br />volume of water under its control and the amount committed to each of the recipients of <br />the water. (The applicant and Pueblo shall coordinate the implementation of this <br />accounting with the Division Engineer. This condition will become effective 90 <br />days after the above date of plan approval.) <br />The name, address, and phone number of a contact person who wi{I be responsible for <br />the operation and accounting of this plan must be provided on the accounting forms to <br />the Division Engineer and Water Commissioner. <br />8. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />the landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 2 Water Court at least three (3) years prior <br />to the completion of mining, to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions from mining and dewatering shall continue until there is no longer an effect on <br />stream flow. <br />9. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />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 excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately. <br />11. Work at this site exposes ground water. If the operator discontinued work at the site, the <br />exposed ground water would continue to cause depletions to the stream system due to <br />evaporation. Front Range Aggregates owns and has dedicated five shares of Twin <br />Lakes Reservoir and Canal Company to cover these potential long term depletions. <br />Front Range Aggregates must continue to commit those shares to this plan until such <br />time as the State Engineer authorizes the release of this commitment. <br />12. Front Range Aggregates, LLC must agree to replace out-of-priority depletions <br />caused by any lagged effect of groundwater diversions. To guarantee that <br />sufficient augmentation water will be provided to replace such depletions, a current <br />financial warranty has been provided by Fron± Range Aggregates: LLC and will be <br />held by the State of Colorado sufficient to allow for the purchase of replacement <br />water to offset post-plan depletions should the Board of Water Works of Pueblo be <br />unable to provide water due to any of the provisions under the lease agreement, <br />such as under paragraph 16 of the lease agreement dealing with "Emergency <br />Water Shortages". The check and financial warranty has been provided and will <br />