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Michelle Hatcher Page 3 <br />June 17, 2009 <br />Arkansas River from the dewatering trenches and settling pond may not be <br />commingled with irrigation supplies being delivered to the remaining portions of the <br />farm and must be delivered in a manner that ensures no additional surface <br />evaporation occurs beyond what is approved under this plan. <br />5. Dewatering at this site will produce delayed depletions to the stream system,. As long as the <br />pit is continuously dewatered, the water returned to the stream system should be adequate <br />to 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 term 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. <br />6. All diversions for dust suppression must be metered in compliance with the <br />"Amended Rules Governing the Measurement of Tributary Ground Water <br />Diversions Located in the Arkansas River Basin". <br />7. Replacement water is to be supplied by the Applicants shares in LAWMA and will <br />be delivered according to the schedule included in this plan (see attached Table 3) <br />subject to modification by the Division Engineer or Water Commissioner. <br />8. Approval of this plan is for the purposes as stated herein. Any additional uses of <br />this water must first be approved by this office. If it is anticipated that the total <br />surface area exposed will exceed those amounts, an amendment will need to be <br />filed with this office prior to such expansion. <br />9. The 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 Water District 67 Water Commissioner <br />(Dan.Neuhold@state.co.us) and Division Engineer <br />(Div2Ground.Water@state.co.us) on forms and at times acceptable to them. Said <br />accounting must be received by the 10th of the month following the month being <br />reported. The name, address and phone number of a contact person who is <br />responsible for the operation and accounting of this plan must be provided on the <br />accounting forms. Accounting forms are subject to modification and approval by <br />the Division Engineer (a proposed accounting form is attached). Flow rates shall <br />be reported in gpm, volumes shall be reported in acre-feet. <br />10. 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 2 Water <br />Court at least three (3) years prior to the completion of mining, to include, but not <br />be limited to, long-term evaporation losses and lagged depletions. If a lined pond <br />results after reclamation, replacement of lagged depletions from mining and <br />dewatering shall continue until there is no longer an effect on stream flow.