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Mr. Peter Wayland <br />• File Pit II <br />November 10, 2003 <br /> <br />• <br />Page 3 <br />11. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley (810 9`"Street, 2ntl Floor, Greeley, Colorado 80631, 970-352-8712) and <br />the water commissioner (Bob Carlson, P. O. Box 380, Erie, Colorado 80516, 303-435-9303) <br />on a monthly basis or other interval acceptable to both of them. The accounting form <br />provided with your application is subject to modification and approval by the division <br />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 permanent water surface exposing groundwater <br />to evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three years prior to the completion of mining to include, but not be limited <br />to, long-term evaporation losses. The applicant shall backfill the pit above the water table <br />after the mining is complete. <br />14. Any delayed impact to the stream from the dewatering trenches and wells is to be offset by a <br />nearby existing well to function as a recharge well. The water pumped by the dewatering <br />wells shall be directly placed in the recharge well to offset lagged depletions to Boulder <br />Creek. <br />15. Applicant shall continue to replace all lagged depletions to the stream system in time, <br />location and amount. Applicant must have adequate accounting and demonstrate to the <br />water commissioner and the division engineer that all lagged depletions are being replaced. <br />When 95 percent of all depletions that remained at the time the mining ceased have <br />impacted the river, applicant may aggregate the last 5 percent into one month at the <br />direction and the discretion of the water commissioner and the division engineer. <br />16. 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 plan. <br />17. 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 the <br />water table and all other use of water at the pit must cease immediately. <br />18. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute <br />supply is of a quality to meet requirements of use to which the senior appropriation receiving <br />the substituted supply has normally been put. As such, waterquality data oranalyses may be <br />requested at any time to determine if the requirements of use of the senior appropriator are <br />met. <br />19. This substitute water supply plan shall have no precedential or evidentiary force, and does <br />not constitute an admission or statement of position in any other proceeding. This plan shall <br />not be in concurrence with any findings of fact or conclusions of law contained herein, orwith <br />the engineering methodologies used by the applicant. <br />