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Mark McLean <br />April 13, 2009 <br />Page 3 <br />5. The consumption associated with this mining operation is limited to evaporation, dust <br />suppression, and water lost in product not to exceed a total of 17.09 acre-feet in lagged <br />depletions during the 2009 plan year. All diversions for dust suppression must be metered in <br />compliance with the "Amended Rules Governing the Measurement of Tributary Ground Water <br />Diversions Located in the Arkansas River Basin." <br />6. Pikes Peak Water Authority shall provide documentation of all water sources to be used prior to <br />any replacement of depletions in this plan. Deliveries of water down Fountain Creek shall be <br />tracked within the Fountain Creek Transit Loss Model from, the point of entry into the model <br />domain until the water is delivered to the Arkansas River. Releases of water by the Pikes Peak <br />Water Authority pursuant to this plan shall be under the approval of the Division Engineer and the <br />Augmentation Coordinator and shall equal or exceed the depletions to be replaced on a monthly <br />basis. <br />7. Accounting of water in this plan, including excavated area, area of actual ground water <br />exposure, pumping, stream depletions, and replacement water deliveries must be provided to <br />the Water Commissioner and Division Engineer on forms and at times acceptable to them. <br />Said accounting must be received by the 10th of the month following the month being reported. <br />The name, mailing address, and phone number.of the contact person who is responsible for <br />operation and accounting of this plan must be provided on the accounting forms. <br />8. The approval of this substitute water supply does not relieve the applicant and/or landowner of <br />the requirement to obtain a Water Court decree approving a permanent plan for augmentation or <br />mitigation to ensure the permanent replacement of all depletions, including long-term evaporation <br />losses after the gravel mining operations have ceased. Application for a decree should be made <br />three years prior to the completion of mining with the intent of obtaining a decreed plan by the <br />completion of mining. Approval of this substitute supply plan does not imply a position by this <br />office on any related litigation. <br />9. A request for renewal of this plan must be submitted with the statutory fee then in effect at least <br />45 days prior to the date of expiration. <br />10. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other water rights has or will occur as a result of this plan. <br />11. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit <br />is continuously dewatered, the water returned to the stream system should be adequate to <br />offset the depletions attributable to the dewatering operation. Once dewatering at the site <br />ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to <br />continue during the terms of this approval. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions (including refilling of the pit) will be replaced, in time, place and amount. If <br />dewatering of the site is discontinued, the pit would fill and cause additional depletions to the <br />stream system due to increased evaporation. Therefore, the $50,000 bond must continue to <br />be held with the Division of Reclamation, Mining and Safety to line or backfill the ponds if <br />dewatering is discontinued. <br />12. In accordance with amendments to Section 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 whether or <br />not the 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 <br />quality is appropriate for downstream water users.