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<br />Mr. Bob Condon <br />Two Rivers Rock Pit (M-02-052) <br />March 27, 2009 <br />Page 3 <br />5. Approval of this plan is for the purpose as stated herein. Any additional uses for which the <br />water may be used must first be approved by this office. <br />6. The replacement water that 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. <br />A 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 />7. 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 <br />division engineer and water commissioner. <br />8. Adequate accounting of depletions and replacement must be provided to the division engineer <br />in Greeley and the water commissioner on a monthly basis or other interval acceptable to both <br />of them. The Applicant is also required to provide an annual report of monthly water use to <br />ensure than sufficient water to cover the pit depletions was released from the Town of Milliken. <br />All amounts shall be in acre-feet. <br />In addition, the Applicant shall submit a report from each entity making replacements using <br />recharge accretions; for this plan, that entity is the Town of Milliken. The report shall include an <br />accounting of all recharge accretions controlled by each entity, showing the total volume of <br />water under its control at the various recharge sites, and the amount committed to each of the <br />recipients of the water. <br />9. 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 under this plan must cease <br />immediately. <br />10. If reclamation of the mine site will produce 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 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. <br />11. 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 $294,914.00 <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 backfilling, <br />thus preventing depletions to the stream system. <br />12. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and <br />Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis may be requested at any time to determine if the water