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Mr John Hickman Page 2 <br /> Tanabe Pit Substitute Water Supply Plan (M-00 002) <br /> Apul 27. 2000 <br /> boundaries. Should a new well permit be denied for reasons of 600 foot spacing, <br /> or any other legitimate reason, approval of this substitute supply plan will be <br /> canceled. <br /> 2. The total surface area of the groundwater exposed after December 31, 1980 must <br /> not exceed 1 2 acres, the annual water used for dust control shall not exceed 2.0 <br /> acre-feet, and the total product mined shall not exceed a total of 350,000 tons per <br /> year. Should the total consumption at the pit exceed these amounts prior to the <br /> expiration date of this plan, an amendment will need to be filed with this office. <br /> 3. in accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 <br /> Rules and Regulations adopted on February 4, 1992, the State Engineer shall <br /> determine if the substitute supply is of a quality to meet requirements of use to <br /> which the senior appropriation receiving the substituted supply has normally been <br /> put. As such, water quality data or analysis may be requested at any time to <br /> determine if the requirements of use of the senior appropriator are met. <br /> 4. Approval of this plan is for the purpose as stated herein. Any additional uses for <br /> which the water may be used must first be approved by this office. Any future <br /> additional historic consumptive use credit given (e.g. agricultural water transfer)for <br /> this site must consider all previous credits given. <br /> 5. The replacement water that is the subject of this plan cannot be sold or leased to <br /> any other entity. As a condition of subsequent renewals of this substitute water <br /> supply plan, the replacement water must be appurtenant to this site until a plan for <br /> augmentation is obtained. A copy of this approval letter should be recorded with the <br /> county clerk and recorder. All replacement water must be concurrent with <br /> depletions in quantity, timing and locations. <br /> 6. Adequate accounting of depletions and replacement must be provided to the <br /> Division Engineer in Greeley and the Water Commissioner (Robert Stahl, 9378 <br /> WCR 25, Ft. Lupton, CO 80621 (303) 857-0742) on a monthly basis or other <br /> interval acceptable to both of them. The accounting form provided with your <br /> application is subject to modification and approval by the Division Engineer. All <br /> amounts shall be in acre-feel. <br /> 7 The name, address and phone number of a contact person who will be responsible <br /> for the operation and accounting of this plan must be provided with the acceptance <br /> letter to the Division Engineer and Water Commissioner. <br /> 8. This substitute water supply plan may be revoked or modified at any time should it <br /> be determined that injury to other vested water rights has or will occur as a result <br /> of this plan. <br /> 9 If reclamation of the mine site produces a permanent water surface exposing <br /> groundwater to evaporation, an application for a plan for augmentation must be <br /> filed with the Division 1 Water Court within two(2) years of the completion of mining <br />