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Sira Sartori <br />March 8, 2010 <br />Page 3 <br />6. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an <br />amendment is made to this plan. <br />7. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water <br />may be used must first be approved by this office. <br />8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. <br />As a condition of subsequent renewals of this substitute water supply plan, the replacement water <br />must be appurtenant to this site until a plan for augmentation is obtained. All replacement water <br />must be concurrent with depletions in quantity, timing and locations. <br />9. In the event Loveland plans to use C-BT Project water as a replacement source, Loveland shall <br />comply with the Interim Rule issued by the District in May 2005 regarding the use of C-BT Project <br />water in substitute water supply plans. Prior to the use of the C-BT Project water, Loveland shall <br />notify this office, the division engineer and the water commissioner of the amount of C-BT Project <br />water dedicated to this plan and provide a copy of the District's approval letter as required by <br />paragraph l(g) of the District's May, 2005 Interim Rule. <br />10. As a matter of law, the Division 1 Water Court determined in an Order dated November 25, 2009, in <br />case no. 02CW392, that the 82CW202A decree did not grant Loveland any right to reuse or make <br />successive use of the Barnes and Chubbuck Ditch inches. Accordingly, this plan does not <br />approve the use of replacement water consisting of the Barnes and Chubbuck Ditch inches. <br />For the purposes of this plan, the Applicant is required to provide accounting to demonstrate <br />that the source of the replacement water leased from Loveland does not include water <br />consisting of the Barnes and Chubbuck Ditch inches. <br />11. 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 />12. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley (Div1AccountingO-state.co.us) and the water commissioner (Jason Smith at <br />Jason. Smith(cstate.co.us) on a monthly basis or other interval acceptable to both of them. The <br />accounting form provided with your application is subject to modification and approval by the <br />division engineer. All amounts shall be in acre-feet. <br />13. 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 <br />substitute water supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all excavation of product from below the ground water table and <br />all other use of water at the pit must cease immediately. <br />14. 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. 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 />15. It the dewatering of this site is discontinued, the pit would fill creating additional depletions to the <br />stream system due to increased evaporation and refilling of the pit. To assure that additional