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t ?. <br />W. Jennifer Lindahl <br />August 10, 2009 <br />Page 3 <br />consumptive use (e.g., agricultural water transfer) for this site must consider all previous credits <br />given. <br />8. 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. 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 />9. 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 accounting form provided with your application is subject to modification and <br />approval by the division engineer. All amounts shall be in acre-feet. In addition, the Applicant <br />shall submit a report that includes an accounting of the 200 acre-feet of the fully consumable <br />water leased from the City of Loveland. The accounting must include a list of locations and <br />amounts of this leased water committed for replacement purposes. <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 on the accounting forms to the division <br />engineer and water commissioner. <br />11. 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, long- <br />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 />12. 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 offset <br />the depletions attributable to the dewatering operation. Once dewatering at the site ceases, the <br />delayed depletions must be addressed. Accordingly, dewatering is required to continue during <br />the term of this approval. At least three years prior to completion of dewatering, a plan must be <br />submitted that specifies how the post pumping dewatering depletions (including refilling of the <br />pit) will be replaced, in time, place and amount. <br />13. This site is currently being dewatered, however, if the dewatering of the site is discontinued, the <br />pit would fill creating additional depletions to the stream system due to increased evaporation. <br />The maximum exposed surface area in the event that dewatering is discontinued is 9.4 acres. <br />Based on this surface area, the maximum depletion due to evaporation that could occur is 21.84 <br />acre-feet (Table 3). To assure that this depletion to the river does not occur, the leased water <br />from the City of Loveland will be sufficient to cover both the 6.37 acre-feet depletions from this <br />plan and the potential 21.84 acre-feet of depletions if dewatering is discontinued. <br />14. 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 substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below the <br />water table and all other use of water at the pit must cease immediately. <br />15. In accordance with amendments to C.R.S. § 25-8-202(7), and Senate Bill 89-181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute <br />supply is of a quality to meet requirements of use to which the senior appropriation receiving the <br />substituted supply has normally been put. As such, water quality data or analyses may be <br />requested at any time to determine if the requirements of use of the senior appropriator are met.