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Kirsten M. Kurath April 28, 2008 <br />Debeque Pit SWSP Page 3 <br />subject to modification and approval by the Division Engineer. All amounts shall be in <br />acre-feet. <br />8. 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 />9. It is anticipated that a permanent 6-acre water surface, created by exposing ground water, <br />will remain after cessation of mining. As such, the Applicant filed an application for a plan <br />for augmentation with the Division 5 Water Court on May 12, 2005, to assure that out-of- <br />priority depletions resulting from the ground water exposure will be replaced to the stream <br />system. Additionally, in the event that mining ceases prior to such water court approval, <br />the Applicant must continue to obtain approval for a substitute supply plan that replaces all <br />out-of-priority depletions associated with the exposed ground water surface until such <br />water court approval occurs. If a lined pond results after reclamation, replacement of <br />lagged depletions shall continue until there is no longer an effect on stream flow. <br />10. Diversions attributable to 5.11 shares in the Larkin Ditch Company used for replacement <br />during the irrigation season must continue to be diverted in-priority at the ditch then <br />measured back to the Colorado River in the vicinity of the Debeque Pit. Adequate <br />measuring devices acceptable to the Water Commissioner must be installed. <br />11. The 5.11 shares in the Larkin Ditch Company shall be committed to be used to cover <br />groundwater evaporation in any unforeseen events that might lead to abandonment of the <br />pit. The 5.11 shares in the Larkin Ditch Company have an estimated 32.5 acre-feet of <br />historic net stream depletions. The maximum total mined area shall be limited to 6 acres <br />so that the historical consumptive use attributable to the 5.11 shares in the Larkin Ditch <br />Company would cover the annual evaporation from the pit, in the case of abandonment. <br />12. The amount and location of the dry-up of the irrigated acreage associated with the <br />Applicant's 1.435 cfs of the Larkin Ditch and 0.7175 cfs of the First Enlargement of the <br />Larkin Ditch must be documented and approved by the Division Engineer and Water <br />Commissioner before any consumptive use credits are available for use under this plan. <br />A map and legal description of the dry-up must be submitted to the Water <br />Commissioner, Division Engineer and the State Engineer as part of the documentation <br />process. <br />13. Applicant will inspect all parcels of dried up land used to generate augmentation credits <br />during the irrigation season to verify dry-up. The final verification of dry-up will be in the <br />form of an affidavit signed by an individual having personal knowledge of the dry-up for <br />this year's entire irrigation season for each parcel of land used in this SWSP. All <br />affidavits must be provided to the Division Engineer by November 15, 2008 in order that <br />the final determination of augmentation credits for the irrigation season can be made <br />along with mapping showing any revisions to the dry-up acreage. Credit from any <br />dry-up fields containing alfalfa or native grass will be assessed in the following manner: <br />(a) For fields deep tilled or chemically treated to successfully kill alfalfa or native <br />grass, 100% credit will be given for consumptive use as otherwise computed <br />under the conditions of this approval. <br />(b) For fields not deep tilled or chemically treated to successfully kill alfalfa, records <br />of monthly monitoring of depth to groundwater at existing irrigation wells or <br />existing or new monitoring wells or piezometers within %-mile of each alfalfa or