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Poudre Pits Combined SWSP Page 9 of 10 <br />December 28, 2015 <br />the acreage of dry -up, and any accompanying metadata. In addition, the datum must be <br />NAD83 and the UTM projection must be Zone 13 North. <br />16. If reclamation of the mine site produces a permanent water surface exposing groundwater <br />to evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three years prior to the completion of mining to include, but not be <br />limited to, long-term evaporation losses. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. Granting of this plan does not imply approval by this office of any such court <br />application(s). <br />17. Dewatering operations produce delayed depletions to the stream system. This SWSP <br />includes these lagged depletions associated with the Roberts Pit, Firestein Pit, Tigges Pit, <br />and La Poudre Pit. These lagged depletions are partially offset with dewatering accretions <br />from active dewatering at the North La Poudre Pit. Once dewatering at the North La <br />Poudre Pit ceases, the delayed depletions must be addressed. A totalizing flow meter is <br />required on all dewatering discharge in order for the operator to claim any accretion <br />credits. <br />18. 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 whether the <br />substitute supply is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substitute supply has normally been put. As such, water quality <br />data or analyses may be requested at any time to determine if the requirement of use of <br />the senior appropriator is met. <br />19. 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 />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 <br />the water table, and all other use of water at the pit, must cease immediately. <br />20. 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 <br />applications involving other plans, or in any proposed renewal of this plan, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact Sarah Brucker in Denver at <br />(303) 866-3581 or Michael Hein in Greeley at (970) 352-8712. <br />Sincerely, <br />Jeff Dea - rage, P.E. <br />Chief of Water Supply <br />