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Kauffman No. 1 SWSP Page 5 of 6 <br /> December 21, 2015 <br /> Applicant's uses under this SWSP, except when any intervening headgate is diverting the <br /> entire flow of ("sweeping") the river. In the event that delivery past headgate which sweep <br /> the river requires the installation of a bypass structure or the use of an existing bypass <br /> structure by agreement with a third-party, Applicant is responsible for either installation a <br /> new bypass structure with a continuous recording measuring device(s) as approved by the <br /> Water Commissioner or securing an agreement with a third-party to use an existing bypass <br /> structure and providing such information and agreement to the Division Engineer. <br /> 11. 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 has ceased. If <br /> reclamation of the mine site produces a permanent water surface exposing post-81 <br /> groundwater to evaporation, an application for a plan for augmentation must be filed with the <br /> Division 1 Water Court at least three (3) years prior to the completion of mining to include, <br /> but not be limited to, long-term evaporation losses. Since there are no new depletions <br /> occurring after reclamation is complete, only the replacement of lagged depletions shall <br /> continue until there is no longer an effect on stream. Granting of this plan does not imply <br /> approval by this office of any such court application(s). <br /> 12. 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 /> ground water table and all other use of water at the pit must cease immediately. <br /> 13. In accordance with amendments to 5 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 <br /> is appropriate for downstream water users. <br /> 14. 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 <br /> water court case or any other legal action that may be initiated concerning this plan. This <br /> decision shall not bind the state engineer to act in a similar manner in any other applications <br /> involving 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 engineering <br /> methodologies used by the Applicant. <br /> Please contact loana Comaniciu in Denver at (303) 866-3581, or Michael Hein in Greeley at <br /> (970) 352-8712, if you have any questions concerning this approval. <br /> Sincerely, <br /> —r� J—�,w <br /> V11- <br /> Jeff Deatherage, P.E. <br /> Chief of Water Supply <br />