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Kimberly Frick Page 3 <br />January 9, 2012 <br />Division Engineer in the form of an aerial photo evaluation or survey by a Professional <br />Land Surveyor during the plan year of in subsequent years covered by the renewal of <br />this plan. Any increases in depletions must be submitted to this office as an amendment <br />to this plan. Water delivered to the Arkansas River from the dewatering trenches and <br />settling pond may not be commingled with irrigation supplies being delivered to the <br />remaining portions of the farm and must be delivered in a manner that ensures that no <br />additional surface evaporation occurs beyond what is approved under this plan. <br />5. 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. However, once dewatering at the site ceases the <br />delayed depletions must be addressed. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions (including refilling of the pit) will be replaced, in time, place and amount. <br />6. All diversions for dust suppression must be metered in compliance with the "Amended <br />Rules Governing the Measurement of Tributary Ground Water Diversions Located in the <br />Arkansas River Basin ". <br />7. All releases of replacement water are to be supplied by the Applicants shares in LAWMA <br />and will be delivered according to the schedule included in this plan. The replacements <br />water must be sufficient to cover all out -of- priority depletions in time, place, and amount <br />and must be made under the direction and /or the approval of the water commissioner. <br />8. Approval of this plan 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. If it is anticipated that the <br />total surface area exposed will exceed those amounts, an amendment must be filed with <br />this office prior to such expansion. <br />9. The replacement water that is the subject of this plan cannot be sold or leased to any <br />other entity during the term of this approval. <br />10. Accounting of water in this plan, including stream depletions and replacement water <br />deliveries, must be provided to the Water Commissioner and Division Engineer <br />(Div2Ground.Waterstate.co.us) on forms and at times acceptable to them. Said <br />accounting must be received by the 10th of the month following the month being <br />reported. The name, address, and phone number of a contact person who will be <br />responsible for the operation and accounting of this plan must be provided with the <br />report. <br />11. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. <br />12. If reclamation of the mine site produces a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with <br />the Division 2 Water Court at least three years prior to the completion of mining to <br />include, but not be limited to, long -term evaporation losses and lagged depletions. If a <br />Tined pond results after reclamation, replacement of lagged depletions shall continue <br />until there is no longer an effect on stream flow. Granting of this plan does not imply <br />approval by this office of any such court application(s). <br />