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Tom Hatton <br />February 9, 2010 <br />Page 4 <br />7. As a matter of law, the Division 1 Water Court determined in an Order dated November 25, 2009, <br />in case no. 02CW392, that the 82CW202A decree did not grant Loveland any right to reuse or <br />make successjve use of the Barnes and Chubbuck Ditch inches. Accordingly, this plan does <br />not approve the use of replacement water consisting of the Barnes and Chubbuck Ditch <br />inches. For the purposes of this plan, the Applicant is required to provide accounting to <br />demonstrate that the source of the replacement water leased from Loveland does not <br />include water consisting of the Barnes and Chubbuck Ditch inches. <br />8. 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 with the accounting form to the division <br />engineer and water commissioner. <br />9. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley and the water commissioner on a monthly basis or other interval acceptable to both of <br />them. The accounting form provided with your application is subject to modification and approval <br />by the division engineer. All amounts shall be in acre-feet. <br />10. Conveyance loss for delivery of augmentation water to the location where depletions from the <br />Kauffman Pit affect the Big Thompson River is subject to assessment and modification as <br />determined by the division engineer. <br />11. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other vested water rights has or will occur as a result of this plan. Should this substitute <br />water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation iall excavation of product from below the ground water table and all other use of <br />water at the pit must cease immediately. <br />12. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is <br />continuously dewatered, the water returned to the stream system should be adequate to offset the <br />depletions. However, once dewatering at the site ceases the delayed depletions must be <br />addressed. NOTE: 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 pit) <br />will be replaced, in time, place and amount. <br />13. 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 long- <br />term evaporation losses and lagged depletions after gravel mining has ceased. NOTE: If <br />reclamation of the mine site produces.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, long- <br />term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions <br />shall continue until there is no longer an effect on stream flow. Granting of this plan does not imply <br />approval by this office of any such court application(s). <br />14. To assure thatidepletions from groundwater, evaporation do not occur in the unforeseen event, <br />or events, that ould lead to the abandonment of the pit, a bond for $292,100.00 through <br />DRMS for lining or backfilling of the pit has been obtained. Therefore, in case of abandonment