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DIVISION OF WATER RESOURCES <br />Paul Bruss <br />November 20, 2013 <br />Page 4 of 4 <br />augmentation credits for the irrigation season can be made along with mapping showing <br />any revisions to the dry up acreage. <br />13. The approval of this substitute water supply does not relieve the applicant and /or landowner <br />of the requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />long -term evaporation losses after the gravel mining operations have ceased. Application <br />for a decree should be made three years prior to the completion of mining with the intent of <br />obtaining a decreed plan by the completion of mining. Approval of this substitute supply <br />plan does not imply a position by this office on any related litigation. <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 occurred or will occur as a result of the operation of this <br />SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of water under this SWSP must cease <br />immediately. <br />15. In accordance with amendments to Section 25 -8- 202 -(7), C.R.S., and "Senate Bill 89 -181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />whether or not the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. The decision of <br />the state engineer shall have no precedential or evidentiary force, shall not create any <br />presumptions, shift the burden of proof, or serve as a defense in the pending water court <br />case or any other legal action that may be initiated concerning the SWSP. This decision <br />shall not bind the state engineer to act in a similar manner in any other applications <br />involving other SWSP or in any proposed renewal of this SWSP, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />16. Acceptance of these conditions shall be assumed unless a letter to the contrary is received <br />by this office and the Division Engineer's Office (310 E. Abriendo, Suite B, Pueblo CO <br />81004) within two weeks of your receipt of this letter. <br />Should you have any questions, please contact Melissa Peterson of this office or Charlie <br />DiDomenico in our Division 2 office in Pueblo at (719) 542 -3368. <br />Sincerel , <br />Heidi Frey, P.E. <br />Water Resource Engineer <br />Attachments: Tables 1 — 3 <br />cc: Steven J. Witte, Division 2 Engineer <br />Bill Tyner, Division 2 Assistant Engineer <br />Lonnie Spady, District 17 Water Commissioner <br />Charlie DiDomenico, Augmentation Coordinator <br />Division of Reclamation, Mining, and Safety <br />HCF /map <br />