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Mr. Jared Dains, E.I. <br />November 2, 2010 <br />Page 5of7 <br />water commissioner. The release of replacement water may be aggregated to maximize <br />beneficial use. The water commissioner and/or the division engineer shall determine the rate <br />and timing of an aggregated release. The Applicant is required to coordinate with the water <br />commissioner the delivery location of replacement water to ensure out-of-priority depletions <br />are adequately replaced to prevent injury to other water rights. Conveyance loss for delivery of <br />augmentation water is subject to assessment and modification as determined by the water <br />commissioner or division engineer. <br />9. According to the Applicant, the distance from the surface of the exposed ground water <br />area to the Cache La Poudre River was measured based on the down gradient extent of <br />the exposed ground water surface (nearest point). For purposes of this SWSP, the <br />method used to measure the distance to estimate the lagged depletions will be <br />accepted, however any future SWSP must measure the distance from the exposed <br />ground water surface area to the Cache La Poudre River based on the centroid of the <br />exposed ground water surface. <br />10. 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. A copy of this approval <br />letter should be recorded with the county clerk and recorder. All replacement water must be <br />concurrent with depletions in quantity, timing, and location. <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 on the accounting forms submitted to the <br />division engineer and the water commissioner. <br />12. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div 1Accounting Astate.co.us) and the water commissioner <br />(Geor4e.Varra(a-state.co.us) on a monthly basis or other interval acceptable to both of them. <br />The accounting form provided with your application is subject to modification and approval by <br />the division engineer. All amounts shall be in acre-feet. In addition, the Applicant shall submit <br />a report from the Graham Drainage Ditch Company that shall include an accounting of all of <br />the Graham Seepage & Drainage Canal water controlled by the Graham Drainage Ditch <br />Company, showing the total volume of water under its control and the amount committed to <br />each of the recipients of the water. <br />13. All pumping for dust control purposes shall be measured in a manner acceptable to the <br />division engineer. Permanent records of all diversions must be maintained by the well owner <br />(recorded at least monthly) and submitted to the division engineer and water commissioner as <br />required by the terms of this plan. <br />14. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three (3) years prior to the completion of mining to include, but not be limited to, <br />long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Granting of this plan <br />does not imply approval by this office of any such court application(s). <br />15. Dewatering is not expected to occur at this site during the SWSP approval period. However, in <br />the event that dewatering will occur at the site during the SWSP approval period, note that as <br />long as the pits are continuously dewatered, the water returned to the stream system should <br />be adequate to offset the depletions. Once dewatering at this site ceases, the river will <br />experience a net depletion as the pit gradually fills. At least three years prior to completion of