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Ms. Kimberly K. Frick, P.G. <br />December 30, 2008 <br />Page 4 of 5 <br />10. All diversions shall be measured in a manner acceptable to the division engineer. The <br />Applicant shall install and maintain such measuring devices as required by the division <br />engineer for operation of this SWSP. <br />11. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/or approval of the water commissioner. The <br />replacement may be aggregated to maximize beneficial use. The water commissioner <br />and/or division engineer shall determine the rate and timing of an aggregated release. <br />12. 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. Should this supply plan expire without renewal or be revoked prior to adjudication <br />of a permanent plan for augmentation, all use of ground water must cease immediately. <br />13. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />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 1 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 shall continue until there is no longer an effect on stream flow. <br />14. Dewatering at this site will produce delayed depletions to the stream system. Once <br />dewatering at the site ceases, the delayed depletions must be addressed. Since, the site <br />will be dewatered during March through October and the dewatering pumps will be <br />turned off during the winter months (November through February) at which time the <br />mined area will fill with water and the water pumped for dewatering purposes will be <br />recharged into the alluvium near the pit, the depletions from dewatering accrue to the <br />stream in the same timing as the dewatering recharge accretions occur. Should this <br />assumption change and the dewatering operation produces delayed impacts, at least <br />three years prior to completion of dewatering, a plan must be submitted that specifies <br />how the post pumping dewatering depletions will be replaced, in time, place and amount. <br />However, after the dewatering pumps stop the river will experience a net depletion as <br />the pits gradually fill. The Applicant is hereby notified that the depletions that will <br />have an effect on the stream as a result of refilling the pit between November <br />through February, must be addressed in any subsequent SWSP renewal for this pit <br />after January 1, 2010. <br />15. To assure that depletions from groundwater evaporation do not occur in the unforeseen <br />event, or events, that would lead to the abandonment of the pit, a bond for $58.000 <br />through DRMS for lining or backfilling of the pit has been obtained. Therefore, in case of <br />abandonment the bond can finance the completion of the lining of the pit or the <br />backfilling, thus preventing depletions to the stream system. <br />16. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall determine