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Mr. Peter Foster <br />August 13, 2015 <br />Page 5 of 6 <br />on a monthly basis. All replacement water must be concurrent with depletion <br />in quantity, timing and location, except that releases aggregated at the <br />discretion of the Division Engineer or the Water Commissioner may occur in a <br />later month than the depletions. <br />10. The approval of this substitute water supply plan does not relieve the applicant and/or <br />the landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 7 Water Court at least three (3) years prior <br />to the completion of mining, to include, but not be limited to, long-term evaporation <br />losses and lagged depletions. <br />11. The dewatering will produce delayed depletions to the stream system. The dewatering <br />water flows into Bayfield Pit No. 1, which flows into Bayfield Pit No. 2, which has an <br />overflow into the Pine River upstream of the Pine River Canal. The overflow structure <br />keeps the ponds at a steady state; therefore the dewatering water is effectively <br />immediately discharged to Pine River. However, before dewatering stops, a plan must be <br />submitted that specifies how the post pumping dewatering depletions will be replaced, in <br />time, place and amount. <br />12. 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. <br />13. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />whether or not 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 />14. 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 the <br />pending water court case or any other legal action that may be initiated concerning the <br />SWSP. This decision shall not bind the State Engineer to act in a similar manner in any <br />other applications involving other SWSPs or in any proposed renewal of the SWSP, 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 />Should you have any questions, please contact Caleb Foy of this office or Robert Genualdi, <br />Division Engineer, in Durango at (970) 247-1845. <br />Cole <br />`S 9 <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www. water. state. co. us <br />�IR76 j <br />