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Mr. Peter Wayland <br />M2004-047-File Pit II <br />October 27, 2009 <br />Page 3 <br />diversions, replacements, and the amount of water used for each particular purpose. The <br />applicant shall provide a report of these records to the division engineer and the water <br />commissioner on a monthly basis on a form approved by them. The accounting must be <br />submitted within 30 calendar days of the end of the month for which the accounting is being <br />made. <br />In addition, the Applicant shall submit a report from the entity making replacements; for this <br />plan, that entity is the City of Lafayette. The report shall include an accounting of all of the <br />Lafayette wastewater plant water effluent controlled by Lafayette, showing the total volume of <br />water under its control and the amount committed to each of the recipients of the water. <br />8. The approval of this substitute water supply plan does not relieve the Applicant and/or the <br />landowner of the requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />long-term evaporation losses and lagged depletions after gravel mining operations have ceased. <br />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 (3) years prior to the completion of mining, to include, but not be limited to, <br />long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, <br />replacement of lagged depletions from mining and dewatering shall continue until there is no <br />longer an effect on stream flow. <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 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 />10. 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. However, once dewatering at the site ceases the delayed depletions must be <br />addressed. At least three years prior to completion of dewatering, a plan must be submitted that <br />specifies how the post pumping dewatering depletions (including refilling of the pit) will be <br />replaced, in time, place and amount. <br />11. Long-term replacement requirements for this plan are satisfied by an existing bond for $476,500 <br />with the DRMS covering the construction of a compacted clay liner around the Pit. Also, in case <br />of abandonment of the pit the bond can finance the completion of the lining of the pit or the <br />backfilling, thus preventing depletions to the stream system. <br />12. 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.