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Mr. Jared Dains, E.I. <br />March 31, 2014 <br />Page 7of8 <br />14. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to the <br />division engineer and the water commissioner. <br />15. Conveyance loss for delivery of augmentation water is subject to assessment and modification <br />as determined by the water commissioner or division engineer. <br />16. If reclamation of the mine site will produce 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 years prior to the completion of mining to include, but not be limited to, long- <br />term evaporation losses and lagged depletions. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream flow. <br />Granting of this plan does not imply approval by this office of any such court application(s). <br />17. For the purposes of this SWSP, the previously submitted affidavit dedicating 3.0 GIC shares as <br />replacement water solely to this SWSP will be accepted for the dedication of the shares; <br />however, if the State Engineer determines that a different affidavit or dedication process is <br />necessary to assure proper dedication of the shares, additional information may be required <br />prior to future SWSP approvals. A copy of the dedication for the additional 2.5 shares <br />obtained by the Applicant must be provided to this office. <br />18. Approval of this SWSP does not relieve the Applicant of their obligation to actively <br />pursue the acquisition of these additional shares of GIC water or develop an alternate <br />plan for achieving compliance with the DRMS's April 30, 2010 letter. Prior to future <br />approvals the Applicant must dedicate additional water to this plan or propose other <br />steps that will be taken to prevent the exposure of additional ground water at the pit and <br />associated long term augmentation requirements. <br />19. Dewatering is not expected to occur at this site during the SWSP approval period. However, in <br />the event that dewatering will occur at the site during the SWSP approval period, note that as <br />long as the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions. Once dewatering at this site ceases, the delayed depletions <br />must be addressed, including depletions resulting from the gradual refilling of the pit. At least <br />three years prior to completion of dewatering, a plan must be submitted that specifies how the <br />post pumping dewatering depletions (including refilling of the pit) will be replaced in time, place <br />and amount. <br />20. 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. Should this <br />substitute water supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all excavation of product from below the water table, and all <br />other use of water at the pit, must cease immediately. <br />21. 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 if this substitute <br />water supply plan is of a quality to meet requirements of use to which the senior appropriation <br />receiving the substitute supply has normally been put. As such, water quality data or analyses <br />may be requested at any time to determine if the requirement of use of the senior appropriator is <br />met. <br />22. 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 plans, or in any proposed renewal of this plan, and shall not imply concurrence with any <br />