2010-05-17_REVISION - M1996049 (7)

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Mr. Gary D. Witt Page 4 July 30, 2009 to the Blue River. Adequate measuring devices acceptable to the Water Commissioner must be installed. 13. Credit for exchange of releases from Green Mountain Reservoir upstream to offset depletions under this plan shall be subject to the stream conditions within the exchange reach. Accounting for credit for Dillon Reservoir releases against depletions may be subject to transit losses as determined by the Division Engineer. 14. Return flows from irrigation must be delivered to the river via a pipe or ditch without further consumptive use. 15. Replacement water shall be made available to cover all out-of-priority depletions in time, place and amount and shall be made available under the direction and/or approval of the Water Commissioner. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter must be recorded with the County Clerk and Recorder for the county in which the gravel pit is located. All replacement water must be concurrent with depletions in quantity, timing, and locations. 16. The Applicant shall maintain daily records of all diversions, replacement, and the amount of water used for each particular purpose. The Applicant shall provide a report of these records to the Division Engineer (Alan Martellaro, P.O. Box 396, Glenwood Springs, CO 81602, telephone 970-945-5665) and Water Commissioner (Scott Hummer, PO Box 4741, Breckenridge CO 80424, telephone 970-468-2442) on a monthly basis, or other interval acceptable to both of them. The accounting must be submitted within five (5) calendar days of the end of the month for which the accounting is being made. The Applicant shall also provide an annual report to the Division Engineer and the Water Commissioner by November 15th, which summarizes diversions and replacements made pursuant to this plan. Accounting forms are subject to modification and approval by the Division Engineer (a proposed accounting form is attached). Flowrates shall be reported in cfs, volumes shall be reported in acre-feet. 17. The consumptive use of water attributable to the Applicant's water rights dedicated to this plan from the South Rock Creek Ditch, Old Whetstone/Sheep Creek Ditch, and McKay Ditch shall be committed to be used to cover groundwater evaporation in the unforeseen event, or events, which would lead to the abandonment of the pit. These shares have an estimated 89.91 acre-feet of historic net stream depletions. 18. The amount and location of the dry-up of the 53.6 acres of irrigation associated with the Applicant's 5.50 cfs of the South Rock Creek Ditch dedicated to this plan must be documented and approved by the Division Engineer and Water Commissioner before any consumptive use credits are available for use under this plan. A map and legal description of the dry-up must be submitted to the Water Commissioner, Division Engineer and the State Engineer as part of the documentation process. 19. The amount and location of the dry-up of the 5.6 acres of irrigation associated with the Applicant's 0.329 cfs of the Old Whetstone/Sheep Creek Ditch dedicated to this plan must be documented and approved by the Division Engineer and Water Commissioner before any consumptive use credits are available for use under this plan. A map and legal description of the dry-up must be submitted to the Water Commissioner, Division Engineer and the State Engineer as part of the documentation process. 20. The amount and location of the dry-up of the 36.3 acres of irrigation associated with the Applicant's 7.21 cfs of the McKay Ditch dedicated to this plan must be documented and approved by the Division Engineer and Water Commissioner before any consumptive use credits are available for use under this plan. A map and legal description of the dry-