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<br />Mrs. Mary Kauffman Page 2 <br />Wager-Kauffman Pit, DMG #M-99-069 <br />December 16, 1999 <br />of the terms and conditions of this letter. <br />2. The total surface area of the groundwater exposed after December 31, 1980 must <br />not exceed 2.0 acres and the total product mined shall not exceed a total of <br />200,000 tons per year. No water use for dust control is included in this plan. <br />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) <br />for this site must consider all previous credits given. <br />5. The replacement water which is the subject of this plan cannot be sold or leased <br />to 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 <br />for augmentation is obtained. A copy of this approval letter should be recorded <br />with the county clerk and recorder. A!I 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 (Donald Brazelton, <br />1159 N 1st Avenue, Greeley, CO 80631, (970) 352-2151) on a monthly basis or <br />other 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-feet. <br />The name, address and phone number of a contact person who will be <br />responsible for the operation and accounting of this plan must be provided with <br />the acceptance letter to the Division Engineer and Water Commissioner. <br />8. This substitute water supply plan may be revoked or modified at any time should <br />it be determined that injury to other vested water rights has or will occur as a <br />result of this plan. <br />9. An application for a plan for augmentation must be filed with the Division 1 Water <br />Court within three (3) years of the completion of mining to include, but not be <br />:i,~~::ec . .:~~eg-term e: apcra5or:.___.._ <br />This plan shall be valid through December 31, 2001. Acceptance of these conditions will be <br />