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Ms. Sara Foster <br />April 8, 2008 <br />Page 6 <br />water commissioner. The attached table provides a proposed schedule of repla~;,ement. The <br />release of replacement water may be aggregated to maximize beneficial use. The water <br />commissioner and/or they division engineer shall determine the rate and timing of an <br />aggregated release. <br />7. The replacement water, which is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. A <br />copy of this approval letter should be recorded with the county clerk and re:corder. All <br />replacement water must be concurrent with depletions in quantity, timing, and location. <br />8. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must bye provided on the accounting forms submitted to the <br />division engineer and the water commissioner. <br />9. Adequate accounting of depletions and replacement must be provided to the division engineer <br />in Greeley and the water commissioner on a monthly basis or other interval acceptable to both <br />of them. The accounting form provided with your application is subject to modification and <br />approval by the division engineer. All amounts shall be in acre-feet. <br />In addition, the Applicant shall submit a report from the Town of Milliken (°Milliken°). The report <br />shall include an accountinc,~ of all replacement water controlled by Milliken, showing the total <br />volume of water under its control and the amount committed to each of the reciF~ients of the <br />water. <br />10. If not previously documented, the amount and location of the dry-up of the irrigated acreage <br />associated with the applicant's shares of the Whitney Ditch must be documented and approved <br />by the division engineer and water commissioner before any consumptive use credits are <br />available for use under this plan. A map and legal description of the dry-up must bye submitted <br />to the water commissioner, division engineer and the Office of the State Engineer as part of <br />the documentation process. <br />11. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three years prior to the completion of mining to include, but not b~~ limited to, <br />long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Granting of this plan <br />does not imply approval by this office of any such court application(s). <br />12. Dewatering at the Firestein/Tigges/Roberts site will produce delayed depletions to the stream <br />system. Aa long as the pit is continuously dewatered, the water returned to the strE:am system <br />should be adequate to offset the depletions attributable to the dewatering operation. Once <br />dewatering at the site ceases, the delayed depletions must be addressed. ~-ccordingly, <br />dewatering is required to continue during the term of this approval. At least three years prior to <br />completion of dewatering, a plan must be submitted that specifies how the po;;t pumping <br />dewatering depletions (including refilling of the pit) wilt be replaced, in time, place and amount. <br />13. As indicated in the Replacement section of this plan, the Applicant has proposed to use 11 <br />shares of the Whitney Ditch and 9.6 shares of the Kem Reservoir to replace depletions from <br />the mining operation. In addition to the 11 shares of the Whitney Ditch, the Applicant has also <br />dedicated an additional 6 shares of the Whitney Ditch to be used to cover groundwater <br />