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Ms. Lindsay M. Griffith, P.E. <br />January 8, 2013 <br />Page 5 <br />plan for augmentation to replace depletions to the stream system in time, place and <br />amount. <br />7. Renewal of this plan will not be approved unless you demonstrate that depletions to the <br />Arkansas River are instantaneous, or provide the schedule of the lagged depletions and a <br />post - pumping replacement plan. <br />8. Approval of this SWSP is for the purposes as stated herein. Any additional uses for <br />which the water may be used must first be approved by this office. Any future additional <br />historical consumptive use credit given (e.g. agricultural water transfer) for this site must <br />consider all previous credits given. <br />9. The replacement water, which is the subject of this SWSP, cannot be sold or leased to <br />any other entity. As a condition of subsequent renewals of this SWSP, the replacement <br />water must be appurtenant to this site until a plan for augmentation is obtained. All <br />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 <br />the operation and accounting of this SWSP must be provided with the accounting form to <br />the division engineer and water commissioner. <br />11. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Pueblo ( augmentation. coordinator(a)state.co.us) and the water commissioner <br />(Brian Sutton) at Brian. Sutton(a-)-state.co.us) on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is <br />subject to modification and approval by the division engineer. All amounts shall be in <br />acre -feet. <br />12. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. Permanent records of all diversions must be maintained by the owner <br />(recorded at least monthly) and submitted to the division engineer and water <br />commissioner as required by the terms of this SWSP. <br />13. Adequate measuring devices acceptable to the water commissioner must be installed to <br />ensure that Porter Ditch is diverted in priority and water is properly delivered to offset <br />evaporation from the ponds located on the Holcim's DRMS permitted boundary. <br />14. This SWSP may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of this SWSP. Should this SWSP <br />expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />15. 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 (3) years prior to the completion of mining to <br />include, but not be limited to, long -term evaporation losses. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. Granting of this SWSP does not imply approval by this office of <br />any such court application(s). <br />