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Mr. Heintz and Ms. Wynne <br />Upper Poudre Combined SWSP <br />March 12, 2013 <br />Page 6 <br />9. The replacement water, which is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. <br />All 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 the <br />operation and accounting of this plan must be provided on the accounting forms submitted to the <br />division engineer and the water commissioner. <br />11. Adequate accounting of depletions and replacements must be provided to the division engineer <br />in Greeley (Div1Accounting@state.co.us) and the water commissioner (Mark Simpson at <br />Mark.Simpson(@,state.co.us) on a monthly basis. The accounting form provided with your <br />application is subject to modification and approval by the division engineer. All amounts shall <br />be in acre -feet. Submitted accounting shall conform to the Administration Protocol <br />"Augmentation Plan Accounting, Division One — South Platte River" (attached). <br />12. The amount and location of the dry-up of the irrigated acreage associated with the applicant's <br />11 shares of the Taylor and Gill Ditch must be documented and approved by the division <br />engineer and water commissioner. See the attached Administration Protocol "Dry-Up of <br />Irrigated Land, Division One — South Platte River" for dry-up requirements. <br />13. The Division of Water Resources will not acknowledge any recharge activity conducted without <br />the knowledge of the water commissioner. The flow into the recharge structure must be <br />metered and equipped with a continuous flow recorder unless the water commissioner in <br />conjunction with the division engineer determines adequate records may be kept without such <br />equipment. If the recharge structure is designed to discharge water via a surface outlet, such <br />discharge must also be metered and equipped with a continuous flow recorder. <br />14. Water may be delivered to recharge only if the net impact of this plan is not negative. Water <br />must first be delivered or exchanged to offset negative impacts of this plan before it may be <br />diverted for recharge. <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. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three years prior to the completion of mining to include, but not be limited to, <br />long -term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Conditional storage <br />rights for the Home Office Pit and North Taft Hill Expansion Site (North Shore Reservoir and <br />Taft Hill Reservoir, respectively) were decreed in case no. 92CW157. An application for a <br />storage water right at the Overland Ponds Site was also filed in case no. 2000CW251 and is <br />currently pending. This office has no knowledge of any applications for a plan for augmentation <br />that covers evaporation from unlined ground water ponds. Granting of this plan does not imply <br />approval by this office of any such court application(s). <br />17. The Overland Ponds Site Pit, Home Office Pit, and North Taft Hill Expansion Site Pit have been <br />continuously dewatered. Dewatering at these sites will produce delayed depletions to the <br />stream system. As long as the pits are continuously dewatered, the water returned to the <br />stream system should be adequate to offset the depletions, thus dewatering is required to <br />