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Mr. Todd Williams <br />G.L. SWSP <br />January 14, 2016 <br />Page 4 <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 be 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 />If you have any questions concerning this approval, please contact loana Comaniciu in <br />Denver at (303) 866-3581 or Michael Hein in Greeley at (970) 352-8712. <br />Sincerely, <br />Jeff Death rage, P.E. <br />r Chief o ater Supply <br />Attachments: Map 2, Tables 1 & 2 <br />Lake Canal Reservoir Company Lease <br />Administration Protocol "Augmentation Plan Accounting, Division One — South <br />Platte River" <br />cc: Michael Hein, Water Resource Engineer, michael.hein(c�state.co.us <br />Mark Simpson, Water Commissioner, Water District 3, mark.simpsonastate.co.us <br />Division of Reclamation, Mining and Safety <br />JD/TLK GL Pit renewal M81-022(15).docx <br />