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Mr. Jared Dains, E.I. <br />December 16, 2009 <br />Page 4of5 <br />7. The name, address and phone number of the contact person who will be responsible for <br />the operation and accounting of this plan must be provided with the accounting form to <br />the division engineer and water commissioner. <br />8. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is <br />subject to modification and approval by the division engineer. All amounts shall be in <br />acre -feet. <br />9. All diversions shall be measured in a manner acceptable to the division engineer. The <br />Applicant shall install and maintain such measuring devices as required by the division <br />engineer for operation of this SWSP. <br />10. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and /or approval of the water commissioner. The <br />replacement may be aggregated to maximize beneficial use. The water commissioner <br />and /or division engineer shall determine the rate and timing of an aggregated release. <br />11. 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 <br />plan. Should this supply plan expire without renewal or be revoked prior to adjudication <br />of a permanent plan for augmentation, all use of ground water must cease immediately. <br />12. The approval of this substitute water supply plan does not relieve the Applicant and /or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long -term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior <br />to the completion of mining to include, but not be limited to, long -term evaporation losses <br />and lagged depletions. 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 />13. Dewatering at this site is not anticipated to occur during the period of this approval <br />period. However, should this assumption change and the dewatering operation produces <br />delayed impacts, 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 <br />the pit) will be replaced, in time, place and amount. <br />14. To assure that depletions from groundwater evaporation do not occur in the unforeseen <br />event, or events, that would lead to the abandonment of the pit, a bond for $58,000 <br />through DRMS for lining or backfilling of the pit has been obtained. Therefore, in case of <br />abandonment the bond can finance the completion of the lining of the pit or the <br />backfilling, thus preventing depletions to the stream system. <br />