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Mr. Paul Bruss, P.E <br />March 24, 2016 <br />Page 5 of 6 <br />Engineer on forms and at times acceptable to them. Said accounting must be emailed to <br />the Division Engineer (Div2Ground.Water@state.co.us) and the Water Commissioner <br />(Steve.Stratman®State.co.us) by the 10th of the month following the month being <br />reported. The name, mailing address, and phone number of the contact person who is <br />responsible for operation and accounting of this plan must be provided on the accounting <br />forms. <br />9. The approval of this SWSP does not relieve the Applicant and/or landowner of the <br />requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and lagged depletions after gravel mining <br />operations have ceased. If reclamation of the mine site will produce a permanent water <br />surface exposing groundwater to evaporation, an application for a plan for augmentation <br />must be filed with the Division 2 Water Court at least three (3) years prior to the <br />completion of mining to include, but not be limited to, long-term evaporation losses and <br />lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Granting of <br />this plan does not imply approval by this office of any such court application(s). <br />10. This SWSP may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has occurred or will occur as a result of the operation of this <br />SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of water under this SWSP must cease <br />immediately. <br />11. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions attributable to the dewatering operation. Once <br />dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, <br />dewatering is required to continue during the terms of this approval. At least three years <br />prior to completion of dewatering, a plan must be submitted that specifies how the post <br />pumping dewatering depletions (including refilling of the pit) will be replaced, in time, <br />place and amount. If dewatering of the site is discontinued, the pit would fill and cause <br />additional depletions to the stream system due to increased evaporation. <br />12. 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 />13. 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 the <br />SWSP. This decision shall not bind the State Engineer to act in a similar manner in any <br />other applications involving other SWSP or in any proposed renewal of this SWSP, and shall <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us <br />John W. Hickenlooper, Governor I Robert Randall, Interim Executive Director <br />