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Jeffrey A. Clark August 24, 2009 <br />Page 4 <br />adjudication of a permanent plan for augmentation, all excavation of product from below the <br />water table and all other use of water at the pit must cease immediately. <br />9. In the event the dewatering of this site will resume, dewatering produce delayed depletions to <br />the stream system. As long as the pit is continuously dewatered, the water returned to the <br />stream system should be adequate to offset the depletions. However, once dewatering at <br />the site ceases the delayed depletions must be addressed. At least three years prior to <br />completion of dewatering, a plan must be submitted that specifies how the post pumping <br />dewatering depletions (including refilling of the pit) will be replaced in time, place and <br />amount. <br />10. 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 operations have <br />ceased. If reclamation of the mine site will produce a permanent water surface exposing <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 and lagged depletions. If a lined pond <br />results after reclamation, replacement of lagged depletions from mining and dewatering shall <br />continue until there is no longer an effect on stream flow. <br />11. In accordance with amendments to Section §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 if this substitute <br />water supply plan is of a quality to meet requirements of use to which the senior appropriation <br />receiving the substitute supply has normally been put. As such, water quality data or analyses may <br />be requested at any time to determine if the requirement of use of the senior appropriator is met. <br />12. 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 water court <br />case or any other legal action that may be initiated concerning the substitute water supply <br />plan. This 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 imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley <br />at (970) 352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />i 4 • <br />n G. Rein, P.E. <br />istant State Engineer <br />Attachments: Tables 1A, 1B and 2 <br />City of Brighton Lease <br />of <br />