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Mr. Jared Dains <br />Lafarge Upper Poudre Combined SWSP <br />January 11, 2012 <br />Page 6 <br />may be aggregated to maximize beneficial use. The water commissioner and /or division <br />engineer shall determine the rate and timing of an aggregated release. <br />8. Applicant shall replace the net evaporative depletions from the exposed ground water surface <br />area that may occur during the assumed ice covered period (December through February) for <br />any time that the exposed ground water in the pit is not completely covered by ice. <br />9. The replacement water, which is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. <br />All replacement water must be concurrent with depletions in quantity, timing, and locations. <br />10. 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 on the accounting forms submitted to the <br />division engineer and the water commissioner. <br />11. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1Accountinq(a�state.co.us) and the water commissioner (George Varra <br />at Georqe.Varra c(Dstate.co.us) on a monthly basis. The accounting form provided with your <br />application is subject to modification and approval by the division engineer. All amounts shall <br />be in acre -feet. <br />12. The amount and location of the dry -up of the irrigated acreage associated with the applicant's <br />5.75 shares of the Taylor and Gill Ditch was documented and approved by the division <br />engineer and water commissioner. According to an affidavit dated November 23, 2010, the <br />Applicant dedicated the 5.75 shares of the Taylor and Gill Ditch as replacement water solely to <br />this plan for as long as there are depletions at these gravel pit sites or until such time as <br />another replacement source is obtained. For the purposes of this SWSP, this affidavit will <br />be accepted for the dedication of the shares; however, if the State Engineer determines <br />that a different affidavit or dedication process is necessary to assure proper dedication <br />of the shares, additional information may be required prior to future SWSP approvals. <br />13. 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 plan. <br />Should this supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />14. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three years prior to the completion of mining to include, but not be limited to, <br />long -term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Lafarge West, Inc. <br />has obtained a decreed storage right for the Home Office Pit and North Taft Hill Expansion Site <br />in case no. 92CW157. An application for a storage water right at the Overland Ponds Site was <br />also filed in case no. 2000CW251 and is currently pending. Granting of this plan does not <br />imply approval by this office of any such court application(s). <br />15. The Overland Ponds Site Pit, Home Office Pit, and North Taft Hill Expansion Site Pit have <br />been continuously dewatered. Dewatering at these sites will produce delayed depletions to the <br />stream system. As long as the pits are continuously dewatered, the water returned to the <br />stream system should be adequate to offset the depletions, thus dewatering is required to <br />continue during the term of this plan. Once dewatering at the sites cease, the delayed <br />depletions must be addressed, including depletions resulting from the gradual refilling of the <br />