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Michelle Hatcher <br />May 3, 2010 <br />obtained. All replacement water must be concurrent with depletions in quantity, timing and <br />locations. <br />8. All diversions into and out of the 112 Pit shall be measured in a manner acceptable to the <br />division engineer or water commissioner. The applicant shall install and maintain such <br />measuring devices as required by the division engineer or water commissioner for <br />operation of this plan. <br />9. The replacement water must be returned from the Rural Ditch to the St. Wain River <br />through a turn-out structure approved by the Water Commissioner, preferably the <br />existing farm diversion point on the ditch used to divert water to the. historically <br />irrigated lands. Since a turn-out structure has not been installed on 'the Rural Ditch, <br />for the purpose of this SWSP the applicant is proposing to run the 3.75 shares of the <br />Rural Ditch through Varra Pit No. 112, use the measuring device already install in the <br />112 pit, and return the shares back to the river for replacement. This proposal is <br />accepted for this SWSP, however for any subsequent renewal request the applicant <br />must demonstrate to the satisfaction of the water commissioner that a turn-out <br />structure has been installed on the existing farm diversion point on the ditch used to <br />divert water to the historically irrigated lands. <br />10. 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 <br />division engineer and water commissioner. <br />9. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1Accounting(cD-state.co.us) and the water commissioner (Shera <br />Sumerford at Shera.Sumerford(M-state.co.us) on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is subject <br />to modification and approval by the division engineer. All amounts shall be in acre-feet. <br />11. 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 />12. 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 />13. 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 plan <br />for augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and lagged depletions after gravel mining operations <br />have ceased. If reclamation of the mine site will produce a permanent water surface <br />exposing groundwater to evaporation, an application for a plan for augmentation must be <br />filed with the Division 1 Water Court at least three (3) years prior to the completion of <br />mining to include, but not be limited to, long-term evaporation losses and lagged depletions. <br />If a lined pond results after reclamation, replacement of lagged depletions shall continue <br />until there is no longer an effect on stream flow.