2013-05-22_INSPECTION - M1979097

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Mr. Jared Dains May 17, 2011 Middle Poudre Combined Plan — Lafarge West, Inc. Page 8 of 9 accounting form provided with your application is subject to modification and approval by the division engineer. All amounts shall be in acre -feet. 13. Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative depletions is not required for ground water exposed to the atmosphere prior to January 1, 1981 through open mining of sand and gravel, regardless of whether open mining operations continued or were reactivated on or after that date. The Water Court effectively held that Senate Bill 120 of 1989, as amended in Senate Bill 93 -260, exempted all pre -1981 exposed ground water regardless of whether open mining operations continued or were reactivated on or after January 1, 1981. The areas exposed prior to 1981 at the East Rigden Pit and the Weitzel Pit is shown on the attached maps. The exemption from augmentation requirements for the pre -1981 area is tied to the physical location identified on the map for each site and may no longer 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 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 22, 2010, the Applicant dedicated the 8.5 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_ Lafarge, West, Inc. filed for a plan for augmentation for the Port of Entry Pit site in case no. 2004CW111 and filed for a plan for augmentation for the Weitzel Pit site in case no. 2002CW205. Lafarge is required to operate the Port of Entry Pit site and the Weitzel Pit site under an SWSP until such time as a decree is entered in case nos. 2004CW111 and 2002CW205. If reclamation of the mines at the Three Bells Pit and Kyger Pit sites produces 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. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan does not imply a position by our office on any litigation associated with case nos. 2004CW111 or 2002CW205, or any other case. 17. Dewatering at the Three Bells Pit and Shield Mine will produce delayed depletions to the stream system. As long as the pits are continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the sites cease, the delayed depletions must be addressed. A plan that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount along with the