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Gloria Z Pit SWSP <br />February 18, 2014 <br />Page 5of5 <br />of product from below the water table, and all other use of water at the pit, must cease <br />immediately. <br />15. 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 (3) 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. Granting of this <br />SWSP does not imply approval by this office of any such court application(s). <br />16. The Applicant has not proposed to dewater the site, therefore no dewatering shall be allowed <br />under this SWSP. <br />17. In accordance with amendments to § 25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules and <br />Regulations adopted on February 4, 1992, the state engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />18. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any pending water <br />court case or any other legal action that may be initiated concerning this plan. This decision <br />shall not bind the state engineer to act in a similar manner in any other applications involving <br />other SWSPs, or in any proposed renewal of this SWSP, and shall not imply concurrence with <br />any findings of fact or conclusions of law contained herein, or with the engineering <br />methodologies used by the Applicant. <br />Please contact Sarah Brucker in Denver at (303) 866 -3581, or Dean Santistevan in Greeley at <br />(970) 352 -8712, if you have any questions concerning this approval. <br />Sincerely, <br />Jeff Dea er e, P.E. <br />Chief of Water Supply <br />Attachments: Tables 4 & 5 <br />HASP lease agreement <br />Administration Protocol —Augmentation Plan Accounting <br />April 30, 2010 letter from DRMS <br />cc: Dean Santistevan, Assistant Division Engineer, Dean. Santistevan(a-)state.co.us <br />Garver Brown, Water Commissioner, Water District 23, Garver. BrownCcDstate.co.us <br />Division of Reclamation Mining and Safety <br />JDlTLK/srb: Gloria Z Pit 2014.Doc <br />