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KC Hallett, Applegate Group <br />October 14, 2008 <br />Page 3 <br />4. All pumping for product washing and dust control shall be measured in a manner <br />acceptable to the Division Engineer. <br />5. Accounting of water in this plan, including pumping, stream depletions, and replacement <br />water deliveries must be provided to the Water Commissioner <br />(charlie.judge@state.co.us) and Division Engineer (Div2Ground.Water@state.co.us) on <br />forms and at times acceptable to them. Said accounting must be received by the 10th of <br />the month following the month being reported. The name, mailing address, and phone <br />number of the contact person who is responsible for operation and accounting of this <br />plan must be provided on the accounting forms. <br />6. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />the landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 2 Water Court at least three (3) years prior <br />to the completion of mining, to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions from mining and dewatering shall continue until there is no longer an effect on <br />stream flow. <br />7. 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 <br />plan. <br />8. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation all use of water at the pit must cease <br />immediately. <br />9. Work at this site will eventually expose ground water. If the operator discontinued work <br />at the site, the exposed ground water would continue to cause depletions to the stream <br />system due to evaporation. Front Range Aggregates owns and has dedicated five <br />shares of Twin Lakes Reservoir and Canal Company to cover these potential long term <br />depletions. Front Range Aggregates must continue to commit those shares to this plan <br />until such time as the State Engineer authorizes the release of this commitment. <br />10. 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 this substitute water supply plan is of a quality to meet requirements of <br />use to which the senior appropriation receiving the substitute supply has normally <br />been put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirement of use of the senior appropriator is met. <br />11. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as a defense