2011-10-17_REVISION - M2004013 (5)

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Jacob Bauer, Martin and Wood Page 4 May 20, 2011 Measurement Rules. A totalizing flow meter. (TFM) or equivalent measuring device must be installed and approved by the Division Engineer. 9. 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 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 should be recorded with the County Clerk and Recorder. All replacement water must be concurrent with depletions in quantity, timing, and locations: 10. Accounting of water in this plan, including pumping, stream depletions, and replacement water deliveries must be provided to the Water Commissioner (John.VanOort@state.co.us) and Division Engineer (Div2Ground.Water @ state.co.us) on forms and at times acceptable to them. Said accounting must be received by the 10 of the month following the month being reported. The accounting provided with your application on the attached Table 3 is subject to modification and approval by the Division Engineer. All amounts shall be in acre -feet. 11. The name, mailing address, and phone number of the contact person who is .responsible for operation and accounting of this plan :must be provided on the accounting forms.. 12. The approval of this substitute water supply plan does not relieve the Applicant and /or the landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long -term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 2 Water Court at least three (3) years prior to the completion of mining, to include, but not be limited to long -term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions from mining and dewatering shall continue until there is no longer an effect on stream flow. 13. This substitute water supply .plan maybe revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. 14. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation all use of water at the pit must cease immediately. 15. In accordance with amendments to §25- 8- 202(7), C.R;S., and "Senate Bill 89 -181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met.