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Michelle Hatcher Page 4 <br />August 20, 2012 <br />what is approved under this plan. <br />10. Dewatering at this site will produce delayed depletions to the stream system. As long as the <br />pit is continuously dewatered, the water returned to the stream system should be adequate <br />to offset the depletions. However, once dewatering at the site ceases the delayed <br />depletions must be addressed. At least three years prior to completion of dewatering, a <br />plan must be submitted that specifies how the post pumping dewatering depletions <br />(including refilling of the pit) will be replaced, in time, place and amount. <br />11. 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 />12. 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 />13. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity during the term of this approval. As a condition of subsequent renewals of this <br />substitute water supply plan, the replacement water must be appurtenant to this site until a <br />plan for augmentation is obtained. All replacement water must be concurrent with <br />depletions in quantity, timing, and locations. <br />14. 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 reported. <br />The name, address, and phone number of a contact person who will be responsible for the <br />operation and accounting of this plan must be provided with the report. <br />15. 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 />16. The approval of this substitute water supply plan does not relieve the Applicant and /or <br />landowner of the requirement to obtain a Water Court decree approving a permanent plan <br />for augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long -term evaporation losses and lagged depletions after gravel mining <br />operations have ceased. If reclamation of the mine site produces a permanent water <br />surface exposing groundwater to evaporation, an application for a plan for augmentation <br />must be filed with the Division 2 Water Court at least three (3) years prior to the completion <br />of mining to include, but not be limited to, long -term evaporation losses. If a lined pond <br />results after reclamation, replacement of lagged depletions shall continue until there is no <br />longer an effect on stream flow. Granting of this SWSP does not imply approval by this <br />office of any such court application(s). <br />