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Mr. Jared Dains <br />November 23, 2010 <br />amendment is made to this SWSP. <br />Page 6 <br />6. Approval of this SWSP is for the purposes as stated herein. Any additional uses for which <br />the water may be used must first be approved by this office. Any future additional historical <br />consumptive use credit given (e.g. agricultural water transfer) for this site must consider all <br />previous credits given. <br />7. Applicant shall replace the net evaporative depletions from the exposed ground water <br />surface area that may occur during the assumed ice covered period (December and <br />January) for any time that the exposed ground water in the pit is not completely covered by <br />ice. <br />8. According to the Applicant, the distance from the surface of the exposed ground <br />water area to the Cache La Poudre River was measured based on the down gradient <br />extent of the exposed ground water surface (nearest point). For purposes of this <br />SWSP, the method used to measure the distance to estimate the lagged depletions <br />will be accepted, however any future SWSP must measure the distance from the <br />exposed ground water surface area to the Cache La Poudre River based on the <br />centroid of the exposed groundwater surface. <br />9. The replacement water, which is the subject of this SWSP, cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this SWSP, the replacement water <br />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 />10. The water attributable to the 5 shares of the GIC must continue to be diverted in priority at <br />the ditch and then measured back to the Cache La Poudre River in the vicinity of the <br />Bucklen Pit. Adequate measuring devices acceptable to the water commissioner must be <br />installed. <br />11. To assure that depletions from ground water evaporation do not occur in the unforeseen <br />event, or events, that would lead to, the abandonment of the pit, the Applicant has dedicated <br />five GIC shares as replacement water solely to this SWSP for as long as there are <br />depletions at this gravel pit site or until such time as another replacement source is <br />obtained. A copy of the affidavit dated October 4, 2010 is attached to this letter. For the <br />purposes of this SWSP, this affidavit will be accepted for the dedication of the <br />shares; however, if the State Engineer determines that a different affidavit or <br />dedication process is necessary to assure proper dedication of the shares, additional <br />information may be required prior to future SWSP approvals. <br />12. All releases of replacement water must be sufficient to cover all out-of-priority depletions in <br />time, place, and amount and must be made under the direction and/or the approval of the <br />water commissioner. <br />13. 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.