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Mr. Mark A. McLean, P.E. December 5, 2011 <br />DeBeque Pit SWSP Page 5 <br />call period. As long as the pit is continuously dewatered, the water returned to the stream <br />system should be adequate to offset the depletions attributable to the dewatering operation. If <br />dewatering at the site ceases, the delayed depletions must be addressed. At least three years <br />prior to completion of dewatering, a plan must be submitted that specifies how the post <br />pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and <br />amount. <br />13. It is anticipated that a permanent 11.6 -acre water surface, created by exposing ground water, will <br />remain after cessation of mining. The Applicant obtained a plan for augmentation (case no. <br />2005CW076) from the Division 5 Water Court on September 3, 2008, to assure that out -of- priority <br />depletions resulting from the ground water exposure, prior to the expansion covered by this <br />SWSP, will be replaced to the stream system. Since this SWSP covers losses associated with <br />the pit expansion, the Applicant must continue to obtain approval for an SWSP that replaces all <br />out -of- priority depletions associated with the exposed ground water surface until a second water <br />court decree is obtained. If a Tined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Post plan depletions will <br />be covered by the dedication of an additional 4.1 Larkin Ditch shares for this purpose. In case no. <br />2005CW076, the Latham's previously dedicated 2.0 shares of Larkin Ditch shares to the decreed <br />augmentation plan at this site (for a total of 6.1 shares dedicated to this site). The additional <br />maximum of 8.0 acres of ground water that would be exposed after mining is complete will create <br />up to 21.4 acre -feet of additional evaporative depletions during the April through October call <br />period. The total of 6.1 shares of Larkin Ditch shares dedicated to this site will generate 38.7 <br />acre -feet of historical consumptive use credit. <br />14. Diversions attributable to 6.1 shares in the Larkin Ditch used for replacement during the irrigation <br />season must continue to be diverted in- priority at the ditch then measured back to the Colorado <br />River in the vicinity of the Debeque Pit. Adequate measuring devices acceptable to the Water <br />Commissioner must be installed. <br />15. To assure that depletions from ground water evaporation do not occur in the unforeseen event, <br />or events, that would lead to the abandonment of the pit, the Applicant has dedicated 6.1 <br />shares of the Larkin Ditch 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 obtained. A <br />copy of the affidavit dated November 7, 2011 is attached to this letter. For the purposes of <br />this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the <br />State Engineer determines that a different affidavit or dedication process is necessary to <br />assure proper dedication of the shares, additional information may be required prior to <br />future SWSP approvals. <br />16. The Applicant shall perform an inspection and provide verification for all parcels of dried up land <br />used to generate augmentation credits during the term of this SWSP. The final verification of <br />dry up will be in the form of an affidavit signed by an individual having personal knowledge of <br />the dry up for the entire irrigation season for each parcel of land used in this SWSP. By <br />December 31, 2011, the Applicant shall provide an affidavit to the water commissioner and <br />division engineer that identifies and confirms the lands that were dried up during the 2011 <br />irrigation season in order that the final determination of augmentation credits for the irrigation <br />season can be made along with mapping showing any revisions to the dried -up acreage. The <br />Applicant shall provide a written notification to the water commissioner and division engineer by <br />April 1, 2012 identifying the lands to be dried up for the 2012 irrigation season. The Applicant <br />shall modify accounting to reflect that the credit from any dried up fields containing alfalfa or <br />native grass was assessed in the following manner: <br />