2012-02-16_HYDROLOGY - M2000041 - Laserfiche WebLink

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4, Mark McLean Page 3 February 16, 2012 4. If the actual water surface exposure exceeds 5.5 acres, the additional evaporative depletion must be accounted for and replaced via an amendment to this plan. Documentation of water surface area may be required by the Division Engineer in the form of an aerial photo evaluation or survey by a Professional Land Surveyor during the plan year or in years covered by subsequent renewals of this plan. 5. The consumption associated with this mining operation is limited to evaporation, dust suppression, and water lost in product not to exceed a total of 31.17 acre -feet in lagged depletions during the 2011 plan year. All diversions for dust suppression must be metered in compliance with the "Amended Rules Governing the Measurement of Tributary Ground Water Diversions Located in the Arkansas River Basin." 6. AGUA/Fremont Paving agree to replace out -of- priority depletions to senior surface water rights in Colorado and depletions to usable Stateline flows occurring after the expiration date of the plan (March 31, 2012) that are caused by diversions of groundwater during the life of the Plan. To guarantee that sufficient augmentation water will be provided to replace such depletions, AGUA has committed an additional 8.8 acre -feet beyond the 31.2 acre -feet required to cover depletions during the 2011 plan year, for a total of 40 acre -feet in the 2 -year lease with Fremont Paving. 7. Releases of water by AGUA pursuant to this plan shall be coordinated with the Division Engineer and the Augmentation Coordinator and shall equal or exceed the depletions to be replaced on a monthly basis. 8. Accounting of water in this plan, including excavated area, area of actual ground water exposure, pumping, stream depletions, and replacement water deliveries must be provided to the Water Commissioner and Division Engineer 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 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. 9. The approval of this substitute water supply does not relieve the applicant and /or 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 after the gravel mining operations have ceased. Application for a decree should be made three years prior to the completion of mining with the intent of obtaining a decreed plan by the completion of mining. Approval of this substitute supply plan does not imply a position by this office on any related litigation. 10. A request for renewal of this plan must be submitted with the statutory fee then in effect at least 90 days prior to the date of expiration. 11. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. 12. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. Once dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to continue during the terms of this approval. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount. If dewatering of the site is discontinued, the pit would fill and cause additional depletions to the stream system due to increased evaporation. Therefore, the $226,196 bond must continue to