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inflows used for dust control and other mining operations. If operations at <br />the Freund Pit resume, the amount of water removed with the mined <br />gravel shall be determined using the Division of Water Resources General <br />Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits <br />(updated April 1, 2011), paragraph 13. Applicant will also measure all <br />water diverted from the Freund Pit for dust control and other mining <br />operations. All water removed with the gravel materials or diverted for <br />mining operations will be considered 100% consumptive and Applicant <br />will fully replace all water removed with the gravel materials and diverted <br />for mining operations with nontributary Denver Basin ground water <br />decreed in Case No. 93CW117 or any other additional or alternative <br />sources of replacement water approved under this plan for augmentation. <br />Applicant will deliver its replacement water for water consumed in mining <br />operations directly to the Freund Pit. <br />7. Terms and Conditions. Applicant agrees to the following terms and conditions to <br />prevent injury to any owner of or person entitled to use water under a vested water right <br />or a decreed conditional water right: <br />(a) Applicant shall install measuring devices, provide accounting, and supply <br />calculations regarding the timing of depletions as required by the Division <br />Engineer for the operation of this plan for augmentation. Applicant shall also file <br />an annual report with the Division Engineer by November 15th of each year <br />summarizing diversions and replacements made under this plan for augmentation. <br />(b) Upon entry of the decree approving this plan for augmentation, Applicant shall <br />apply for a well permit pursuant to C.R.S. § 37- 90- 137(11) for the area of <br />additional groundwater exposed to the atmosphere from the Freund Pit after <br />December 31, 1980. <br />(c) Applicant may use additional or alternative sources of replacement water in the <br />plan for augmentation approved herein, i£ (i) such additional or alternative <br />sources are part of an approved substitute water supply plan; or (ii) such <br />additional or alternative sources are decreed for augmentation use, Applicant <br />provides notice to the Division Engineer of its intent to use such additional or <br />alternative augmentation sources, and the Division Engineer approves such <br />sources for use in this plan for augmentation. Applicant must provide evidence to <br />the Division Engineer that any additional or alternative source is sufficient to <br />prevent injury to intervening users. <br />(d) If Applicant's nontributary augmentation replacement sources decreed in Case <br />No. 93CW 117 become exhausted and another source of augmentation water is not <br />Freund Investments, LLC <br />Case No. 11 CW107, Water Division I <br />Page 5 of 8 <br />