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Mr. Todd Williams Page 4 <br /> G.L. SWSP <br /> June 27, 2014 <br /> conform to the Administration Protocol "Augmentation Plan Accounting, Division One — <br /> South Platte River'(attached). <br /> 9. 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 <br /> plan. <br /> 10. Connell Resource, Inc. has amended their DRMS permit to account for the gradual <br /> backfilling of the site. Replacement of lagged depletions must continue until there is no <br /> longer an effect on stream flow. Approval of this substitute water supply plan does not <br /> relieve the Applicant and/or the landowner of the requirement to obtain a water court <br /> decree approving a permanent plan for augmentation or mitigation to ensure the <br /> permanent replacement of all depletions, including long-term evaporation losses and <br /> lagged depletions after gravel mining has ceased. The Applicant currently has a <br /> deadline of December 31, 2015 to complete backfilling at this site and will required to <br /> extend this date with DRMS should backfilling not be complete by this time. Renewal of <br /> this plan is contingent on the Applicant demonstrating continued backfilling operations <br /> are occurring and that they continue to be in compliance with their DRMS permit. <br /> 10. 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 pit, a bond for $116,700.00 <br /> through DRMS for lining or backfilling of the pit has been obtained. Therefore, in case of <br /> 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 /> 11. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules <br /> and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br /> whether 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. <br /> 12. 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 /> pending water court case or any other legal action that may be initiated concerning this <br /> plan. This decision shall not bind the state engineer to act in a similar manner in any <br /> other applications involving other plans, or in any proposed renewal of this plan, and <br /> shall not imply concurrence with any findings of fact or conclusions of law contained <br /> herein, or with the engineering methodologies used by the Applicant. <br />