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Mr. Andy Rodriguez, P.E. <br />Bestway's Brighton Combined SWSP <br />December 19, 2013 <br />Page 5 of 6 <br />this use on their accounting submitted to our office. For the period of this plan, that <br />entity is the City of Aurora (WDID 0802593 — Aurora Reuse). <br />14. The approval of this substitute water supply plan does not relieve the Applicant and /or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long -term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior <br />to the completion of mining to include, but not be limited to, long -term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. <br />15. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately. <br />16. Dewatering is not expected to occur at these sites during the period of this SWSP, <br />therefore dewatering shall not occur unless an amendment to this SWSP is approved. <br />17. To assure that depletions from groundwater evaporation do not occur in the unforeseen <br />event, or events, that would lead to the abandonment of the pits, a bond through DRMS, <br />in the amount of $974,000.00 for the Parker - Dersham Pit and $711,750.00 for the <br />Baseline Pit, for lining or backfilling of the each pit has been obtained. Therefore, in case <br />of abandonment the bond can finance the completion of the lining of the pit or the <br />backfilling, thus preventing depletions to the stream system. <br />18. 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 if <br />this substitute water supply plan is of a quality to meet requirements of use to which the <br />senior appropriation receiving the substitute supply has normally been put. As such, water <br />quality data or analyses may be requested at any time to determine if the requirement of <br />use of the senior appropriator is met. <br />19. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other plans or in any proposed renewal of this <br />plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />Should you have any questions, please contact loana Comaniciu of this office or Dean <br />Santistevan of our Division office in Greeley at (970) 352 -0742. <br />Sincerely, <br />P-0/1 <br />eff D atherage, P.E. <br />of Water Supply <br />