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Ms. Sira Sartori April 13, 2010 <br />Middle Poudre Combined Plan - Lafarge West, Inc. Page 6 of 8 <br />5. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br />6. All releases of replacement water must be sufficient to cover all out of priority depletions and be <br />made under the direction and/or approval of the water commissioner. The replacement may be <br />aggregated to maximize beneficial use. The water commissioner and/or division engineer shall <br />determine the rate and timing of an aggregated release. <br />7. Applicant shall replace the net evaporative depletions from the exposed ground water surface <br />area that may occur during the assumed ice covered period (December through February) for any <br />time that the exposed ground water in the pit is not completely covered by ice <br />8. The replacement water, which 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 replacement <br />water must be appurtenant to this site until a plan for augmentation is obtained. All replacement <br />water must be concurrent with depletions in quantity, timing, and locations. <br />9. 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 submitted to the <br />division engineer and the water commissioner. <br />10. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley (Div 1AccountingO-state.co use and the water commissioner (George Varra at <br />George.Varra(@state.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 />11. Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of <br />evaporative depletions is not required for ground water exposed to the atmosphere prior to <br />January 1, 1981 through open mining of sand and gravel, regardless of whether open mining <br />operations continued or were reactivated on or after that date. The Water Court effectively held <br />that Senate Bill 120 of 1989, as amended in Senate Bill 93-260, exempted all pre-1981 exposed <br />ground water regardless of whether open mining operations continued or were reactivated on or <br />after January 1, 1981. <br />12. The amount and location of the dry-up of the irrigated acreage associated with the applicant's 8.5 <br />shares of.the Box Elder Ditch was documented and approved by the division engineer and water <br />commissioner. According to an affidavit dated February 23, 2010, the Applicant dedicated the 8.5 <br />shares of the Box Elder Ditch as replacement water solely to this plan for the 2010 irrigation <br />season. The Affidavit is accepted for this SWSP, however for any subsequent renewal requests, <br />the Applicant shall submit a new affidavit that dedicates the 8.5 shares of the Box Elder Ditch for <br />as long as there are depletions at the gravel pit sites or until such time as another replacement <br />source is obtained. <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 supply <br />plan expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately.