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Rob Pierce <br />August 22, 2008 <br />Page 3 <br />water are allowed until approved in writing by this office. If it is anticipated that the <br />total surface area exposed will exceed those amounts, an amendment will need to <br />be filed with this office prior to such expansion. <br />5. All deliveries of replacement water shall be measured in a manner acceptable to <br />the Division Engineer. <br />6. The Applicant shall maintain daily records of all diversions, replacement, and the <br />amount of water used for each particular purpose. The Applicant shall provide a <br />report of these records to the Division Engineer and the Water Commissioner on a <br />monthly basis, or other interval acceptable to both of them. The accounting must <br />be submitted within five (5) calendar days of the end of the month for which the <br />accounting is being made. The Applicant shall also provide an annual report to the <br />Division Engineer and the Water Commissioner by November 15th, which <br />summarizes diversions and replacements made pursuant to this plan. Accounting <br />forms are subject to modification and approval by the Division Engineer (a <br />proposed accounting form is attached). Flowrates shall be reported in cfs, volumes <br />shall be reported in acre-feet. <br />7. The Applicant must provide the name, address and phone number of the person <br />who will be responsible for the operation of the plan to this office, the Division <br />Engineer, and the Water Commissioner within 20 days of the receipt of this <br />approval, and must be provided on the accounting forms submitted to the Division <br />Engineer and the Water Commissioner. <br />8. The approval of this substitute water supply plan does not relieve the Applicant <br />and/or the landowner of the requirement to obtain a Water Court decree approving <br />a permanent plan for augmentation or mitigation to ensure the permanent <br />replacement of all depletions, including long-term evaporation losses and lagged <br />depletions after gravel mining operations have ceased. If reclamation of the mine <br />site will produce a permanent water surface exposing groundwater to evaporation, <br />an application for a plan for augmentation must be filed with the Division Water <br />Court at least three (3) years prior to the completion of mining, to include, but not <br />be limited to, long-term evaporation losses and lagged depletions. If a lined pond <br />results after reclamation, replacement of lagged depletions from mining and <br />dewatering shall continue until there is no longer an effect on stream flow. <br />9. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />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 <br />below the water table, and all other use of water at the pit, must cease immediately. <br />10. Long-term replacement requirements for this plan are satisfied by the commitment <br />of 4.5 shares of Lower Cactus Valley Ditch water, historically used to irrigate the <br />property. <br />11. The replacement water which 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 <br />the county clerk.and recorder. All replacement water must be concurrent with