2013-01-29_HYDROLOGY - M1979191 - Laserfiche WebLink

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Mr. Jared Dads Lafarge Middle Poudre Combined SWSP January 28, 2013 Page 7of8 9. The water attributable to the 5 shares of the Box Elder Ditch must continue to be diverted in priority at the ditch and then measured back to the Cache La Poudre River. Adequate measuring devices acceptable to the water commissioner must be installed. 10. The replacement water, which is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. All replacement water must be concurrent with depletions in quantity, timing, and locations. 11. The name, address, and phone number of the contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms submitted to the division engineer and the water commissioner. 12. Adequate accounting of depletions and replacements must be provided to the division engineer in Greeley (Div1Accounting(a state.co.us) and the water commissioner (Mark Simpson at Mark.Simpsoncstate.co.us) on a monthly basis. Submitted accounting shall conform to the Administration Protocol "Augmentation Plan Accounting, Division One — South Platte River" (attached). In addition, the Applicant shall verify that entities providing replacement water for this plan have included such use on their respective accounting submitted to the Division Engineer. For the duration of this SWSP, those entities are the City of Aurora (Aurora Reuse, WDID 0802593) and the Lake Canal Reservoir Company. 13. The exemption from augmentation requirements for pre -1981 areas is tied to the physical location previously identified for East Rigden Pit and may not be re- allocated to other areas of ground water exposure within the gravel pits permit boundaries. 14. The amount and location of the dry -up of the irrigated acreage associated with the applicant's 8.5 shares of the Box Elder Ditch was previously documented and approved by the division engineer and water commissioner. To assure that depletions from ground water evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the pits included in this SWSP, according to an affidavit dated November 23, 2011, the Applicant dedicated the 5 shares of the Box Elder Ditch as replacement water solely to this SWSP for as long as there are depletions at these gravel pit sites or until such time as another replacement source is obtained. For the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State Engineer determines that a different affidavit or dedication process is necessary to assure proper dedication of the shares, additional information may be required prior to future SWSP approvals. 15. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. Should this supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately. 16. For any site whose reclamation plan includes a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three years prior to the completion of mining to include, but not be limited to, long- term evaporation losses. Before this SWSP is renewed for 2014, the Applicant must submit such a plan for the Shields Mine as mining is complete and a groundwater lake has been created. If the Applicant has not submitted a plan for augmentation with the Division 1 Water Court by the 2014 SWSP renewal request, the Applicant must document the specific steps taken and show good -faith diligence in preparing to file a plan for augmentation.