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Mr. Andy Rodriguez, P.E. <br />April 21, 2011 <br />Page 4 of 5 <br />7. 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 />8. 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 />9. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <br />10. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div 1 Accounting'Ostate. co. us) and the water commissioner (Shera <br />Sumerford at Shera.Sumerford(Mstate.co.us) on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is <br />subject to modification and approval by the division engineer. All amounts shall be in <br />acre-feet. <br />11. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />the landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent' <br />water surface exposing groundwate(to evaporation, an application for a plan for <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior <br />to the completion of mining, to include, but not be limited to, long-term evaporation <br />losses and lagged depletions. If a lined pond results after reclamation; replacement of <br />lagged depletions from mining and dewatering shall continue until there is no longer an <br />effect on stream flow. <br />12. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions attributable to the dewatering operation. If dewatering at <br />the site ceases, the delayed depletions must be addressed. At least three years prior-to <br />completion of dewatering, a plan must be submitted that specifies how the post pumping <br />dewatering depletions (including refilling of the pit) will be replaced, in time, place and <br />amount. <br />13. To assure that depletions from groundwater evaporation do not occur in the unforeseen <br />event, or events, that would lead to the abandonment of the pit, a bond for $1,045,840 <br />through DRMS for reclamation of thej pit has been obtained. Therefore, in case of <br />abandonment the bond can finance the completion of the lining of the pit or the <br />backfilling, thus preventing depletions to the stream system. <br />14. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately.