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Peter Wayland Page 6 of 7 <br /> Brownwood SWSP <br /> December 11, 2014 <br /> operators must comply with the requirements of the Colorado Reclamation Act and the <br /> Mineral Rules and Regulations for the protection of water resources. The April 30, <br /> 2010 letter from DRMS requires that you provide information to DRMS to demonstrate <br /> you can replace long term injurious stream depletions that result from mining related <br /> exposure of ground water. In accordance with approach no. 4 you have dedicated <br /> 0.24 shares of the BTDMC water rights to this SWSP, and up to the entire 5/6 of a <br /> share in the BTDMC water right owned by the Applicant which can and will be used in <br /> the court augmentation plan, unless a sufficient alternative replacement source is <br /> identified and dedicated. <br /> 13. This SWSP may be revoked or modified at any time should it be determined that injury <br /> to other water rights has or will occur as a result of this plan. Should this plan expire <br /> without renewal or be revoked prior to adjudication of a permanent plan for <br /> augmentation, all use of ground water must cease immediately. <br /> 14. In accordance with amendments to Section S25-8-202-(7), C.R.S. and "Senate Bill 89-181 <br /> Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br /> if this substitute water supply plan is of a quality to meet requirements of use to which <br /> the senior appropriation receiving the substitute supply has normally been put. As such, <br /> water quality data or analyses may be requested at any time to determine if the <br /> requirement of use of the senior appropriator is met. <br /> 15. The decision of the state engineer shall have no precedential or evidentiary force, <br /> shalt not create any presumptions, shift the burden of proof, or serve as a defense in <br /> any water court case or any other legal action that may be initiated concerning the <br /> substitute water supply plan. This decision shall not bind the State Engineer to act in <br /> a similar manner in any other applications involving other plans or in any proposed <br /> renewal of this plan, and shall not imply concurrence with any findings of fact or <br /> conclusions of law contained herein, or with the engineering methodologies used by <br /> the Applicant. <br /> 16. The dry year analysis required by this office for a permanent plan for augmentation <br /> may vary from the analysis approved in this SWSP. The decision of the state engineer <br /> shall have no precedential or evidentiary force, shalt not create any presumptions, <br /> shift the burden of proof, or serve as a defense in any pending water court case or any <br /> other legal action that may be initiated concerning this plan. This decision shall not <br /> 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 <br /> with any findings of fact or conclusions of law contained herein, or with the <br /> engineering methodologies used by the Applicant. <br />