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Peter Foster Page 3 <br />May 20, 2009 <br />6. All pumping for dust control shall be measured in a manner acceptable to the <br />Division Engineer. <br />7. The Water Commissioner responsible for the administration of this plan is Scott <br />King, PO Box 456, Montrose, Colorado 81402, phone no. (970) 249-6622. The <br />applicant shall maintain daily records of all diversions, replacements, and the <br />amount of water used for each particular purpose. The applicant shall provide a <br />report of these records to the Division Engineer and the Water Commissioner on a <br />monthly basis on a form approved by them. The accounting must be submitted by <br />the 10t of the month following the month being reported. <br />8. The approval of this substitute water supply plan does not relieve the Applicant <br />and/or the landowner of the requirement to obtain a Water Court decree approving <br />a permanent plan for augmentation or mitigation to ensure the permanent <br />replacement of all depletions, including long-term evaporation losses and lagged <br />depletions after gravel mining operations have ceased. If reclamation of the mine <br />site will produce a permanent water surface exposing groundwater to evaporation, <br />an application for a plan for augmentation must be filed with the Division 4 Water <br />Court prior to the expiration of this approval, to include, but not be limited to, long- <br />term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions from mining and dewatering shall <br />continue until there is no longer an effect on stream flow. <br />9. This substitute water supply plan may be revoked or modified at any time should it <br />be determined that injury to other vested water rights has or will occur as a result of <br />this plan. Should this substitute water supply plan expire without renewal or be <br />revoked prior to adjudication of a permanent plan for augmentation, all diversions <br />under this plan must cease immediately. . <br />10. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product <br />from below the water table, and all other use of water at the pit, must cease <br />immediately. <br />11. Replacement water shall be made available to cover all out-of-priority depletion in <br />time, place, and amount and shall be made available under the direction and/or <br />approval of the Water Commissioner. The replacement water that is the subject of <br />this plan cannot be sold or leased to any other entity. As a condition of subsequent <br />renewals of this substitute water supply plan, the replacement water must be <br />appurtenant to this site until a plan for augmentation is obtained. A copy of this <br />approval letter should be recorded with the county clerk and recorder. All <br />replacement water must be concurrent with depletions in quantity, timing and <br />locations. <br />12. All deliveries of replacement water shall be measured in a manner acceptable to <br />the Division Engineer.