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09-20-10;03:05PM; <br /> <br />;970-498-5678 # 8/ 32 <br />After site rehabilitation depletions will be compensated for <br />by direct releases of Windy Gap water from the Fort Collins <br />Sewage Treatment Plant N°. 2, to the Cache la Poudre <br />River,identically to the replacement practiced during the mining <br />phase. <br />After site rehabilitations the combined high-water surfaces <br />of the ponds will be determined by survey, and used thereafterthe <br />for the determination of the replacement requirements. Also, <br />final determination of the portion of water delivered under the <br />four Sox Elder Ditch shares that has to be permanently assigned <br />the rest of the <br />the nuottmneeded fo plan will be <br />water, irrigation, on the same land. <br />During summer replacement the irrigation requirement will be <br />delivered into the ponds, as opposed to only the consumptive use <br />credit. Consequently, there will be excess overflow running back <br />into Box Elder Ditch, throughout the summer, which tail end of <br />the ditch will continuously convey this excess water to the Cache <br />la Poudre River to act as the historic return flow, keeping the <br />river whole. <br />Xn order to maintain historic return flow, however, and as a <br />term and condition of this decree, Applicant shall insure that <br />outflow from the ponds into the Box Elder Ditch shall not exceed <br />50% of the inflow into the ponds from the ditch for any fifteen <br />(15) day period- Applicant shall install such measuring devices <br />as necessary to measure the inflow to and outflow from the ponds <br />and shall report said-measurements as part of its monthly <br />accounting required in Paragraph 24. <br />14. Plan will replace depletions. The evaporation of water <br />in the gravel mining on the subject property and use of water for <br />dust suppression will affect water availability to downstream <br />water rights. This plan for augmentation provides a method which <br />will supply replacement water to senior water rights for deple- <br />tions caused by out of priority diversions year-round in such a <br />manner that said senior rights will not be injured because of <br />such depletions. <br />15. Plan contemplated by law. The plan is one contemplated <br />by law and will permit the depletions associated with the evapo- <br />ration and dust suppression occurring in the gravel pit mining on <br />the subject property without adversely affecting any other vested <br />water rights or decreed additional water rights in the Cache Da <br />Poudre River or its tributaries, or in the South Platte River <br />basin. <br />7