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Mr. Craig Lis <br />GSL Sand and Gravel SWSP <br />February 20, 2014 <br />Page 4 of 5 <br />Commissioner or securing an agreement with a third -party to use an existing bypass structure <br />and providing such information and agreement to the Division Engineer. <br />12. Historical dewatering at this site generated delayed depletions to the stream system. These <br />depletions are required to be replaced in time and amount for the duration that they occur. <br />13. The approval of this substitute water supply plan does not relieve the Applicant and /or the <br />landowner 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 and lagged depletions after gravel mining operations have ceased <br />if reclamation of the mine site will produce a permanent water surface exposing groundwater to <br />evaporation, or lagged depletions only if a lined pond results after reclamation, until there is no <br />longer an effect on stream flow. <br />14. DRMS Permit No. M- 2001 -085 no longer requires a lined reservoir in the final reclamation plan. <br />The Applicant's proposed amendment to DRMS, changing the final reclamation plan from water <br />storage to an inert backfill operation, was approved. With the next SWSP renewal request, the <br />Applicant is required to continue to demonstrate they are in compliance with their DRMS permit <br />reclamation plan and the April 30, 2010 DRMS letter (attached). <br />15. The Applicant is required to maintain their DRMS permit and an adequate bond to cover their <br />reclamation plan until (1) there are no longer lagged depletions hitting the river, (2) a suitable <br />augmentation plan is obtained, or (3) another party assumes full augmentation responsibilities. <br />The Applicant has a current bond of $368,590 to account for backfilling the pit. With all future <br />SWSP renewal requests, the Applicant will be required to demonstrate continuing compliance, <br />or diligent pursuit of compliance, with the April 30, 2010 DRMS letter, specifically in regard to <br />the required financial warranty for the site. <br />16. 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 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 the <br />water table, and all other use of water at the pit, must cease immediately. In addition, lack of <br />timely accounting may prevent proper administration, which may lead to revocation or <br />modification of this plan. <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 water court <br />case or any other legal action that may be initiated concerning the substitute water supply plan. <br />This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other plans or in any proposed renewal of this plan, 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 />