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Vs. KC Hallett Page 5 <br />January 27, 2009 <br />9. The replacement water, which is the subject of this plan, cannot be sold or leased to any other <br />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 obtained. A <br />copy of this approval letter should be recorded with the county clerk and recorder. All <br />replacement water must be concurrent with depletions in quantity, timing and locations. <br />10. 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 with the accounting form to the division <br />engineer and water commissioner. <br />11. 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. The accounting form provided with your application is subject to <br />modification and approval by the division engineer. All amounts shall be in acre-feet. <br />12. All pumping for dust control and concrete production shall be measured in a manner <br />acceptable to the division engineer. Well permit no. 57724-F is used for drinking and sanitary <br />purposes, and must have a totalizing flow meter installed and maintained in good working <br />order. Permanent records of all diversions must be maintained by the well owner (recorded at <br />least monthly) and submitted to the division engineer and water commissioner as required by <br />the terms of this plan. <br />13. 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 />14. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three (3) years prior to the completion of mining to include, but not be limited to, <br />long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Granting of this plan <br />does not imply approval by this office of any such court application(s). <br />15. Dewatering at this site at this site occurs from only April through October and the pond is <br />allowed to fill during November through March. As long as the pits are continuously <br />dewatered, the water returned to the stream system should be adequate to offset the <br />depletions, however once dewatering at the sites cease, the river will experience a net <br />depletion as the pits gradually fill. The Applicant is hereby notified that the depletions that <br />will have an effect on the stream as a result of refilling the pit between November and <br />March, must be addressed in any subsequent SWSP renewal for this pit. <br />16. To assure that depletions from groundwater evaporation do not occur in the unforeseen event, <br />or events, that would lead to the abandonment of the pit, a bond for $104,254.00 through <br />DRMS for lining or backfilling of the pit has been obtained. Therefore, in case of abandonment <br />the bond can finance the completion of the lining of the pit or the backfilling, thus preventing <br />depletions to the stream system. In addition, to assure that out-of-priority depletions to the river <br />do not occur during the term of this substitute water supply plan, the 2.8125 shares of the <br />Greeley Irrigation Company (Greeley Canal No. 3) used in this plan are committed to cover