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Mr. Richard T. Raines Page 4 <br />Stute Pit-M81-007 and Timnath-Connell Pit-M99-050 <br />October 2, 2008 <br />5. Approval of this plan is for the purposes as stated herein. Any additional uses of water <br />must first be approved by this office. Any future additional historical consumptive use <br />credit given (e.g., agricultural water transfer) for this site must consider all previous credits <br />given. <br />6. All pumping for dust control purposes shall be measured in a manner acceptable to the <br />division engineer. <br />7. The replacement water, which is the subject of this plan cannot be sold or leased to any <br />other 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 <br />obtained. A copy of this approval letter shall be recorded with the county clerk and <br />recorder. All replacement water must be concurrent with depletions in quantity, timing, and <br />locations. <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 be provided on the accounting forms submitted to <br />the division engineer and the water commissioner. <br />9. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. All amounts shall be in acre-feet. <br />10. 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 />Should this supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />11. If reclamation of the mine site produces 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 <br />limited to, long-term evaporation losses. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. Granting of this plan does not imply approval by this office of any such court <br />application(s). <br />12. The Timnath-Connell Pit has been continuously dewatered. Dewatering at this site will <br />produce delayed depletions to the stream system. As long as the pit is continuously <br />dewatered, the water returned to the stream system should be adequate to offset the <br />depletions attributable to the dewatering operation. Once dewatering at the site ceases, the <br />delayed depletions must be addressed. Accordingly, dewatering is required to continue <br />during the term of this approval. At least three years prior to completion of dewatering, a <br />plan must be submitted that specifies how the post pumping dewatering depletions <br />(including refilling of the pit) will be replaced, in time, place and amount. <br />13. If dewatering of the Timnath-Connell Pit were discontinued, the pit would fill creating <br />additional depletions to the stream system due to increased evaporation. To assure that <br />additional depletions to the river do not occur, a bond for $510,198 for the Timnath-Connell <br />Pit for lining or backfilling of the pit has been obtained through DRMS. Therefore, if the