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David Heintz <br /> May 10, 2016 <br /> Page 4 of 5 <br /> of all depletions, including long-term evaporation losses and lagged depletions after <br /> gravel mining operations have ceased. If reclamation of the mine site will produce a <br /> permanent water surface exposing groundwater to evaporation, an application for a <br /> plan for augmentation must be filed with the Division 2 Water Court at least three (3) <br /> years prior to the completion of mining, to include, but not be limited to, long-term <br /> evaporation losses and lagged depletions. If a lined pond results after reclamation, <br /> replacement of lagged depletions from mining and dewatering shall continue until <br /> there is no longer an effect on stream flow. <br /> 8. This plan may be revoked or modified at any time should it be determined that injury <br /> to other vested water rights has or will occur as a result of the operation 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, Martin Marietta shall obtain and <br /> present to this office an alternate source of replacement water. <br /> 9. 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 if <br /> this substitute water supply plan is of a quality to meet requirements of use to which <br /> the senior appropriation receiving the substitute supply has normally been put. As <br /> such, water quality data or analyses may be requested at any time to determine if the <br /> requirement of use of the senior appropriator is met. <br /> 10. The decision of the State Engineer shall have no precedential or evidentiary force, <br /> shall not create any presumptions, shift the burden of proof, or serve as a defense in <br /> any water court case or any other legal action that may be initiated concerning the <br /> substitute water supply plan. This decision shall not bind the State Engineer to act in a <br /> similar manner in any other applications involving other plans or in any proposed <br /> renewal of this plan, and shall not imply concurrence with any findings of fact or <br /> conclusions of law contained herein, or with the engineering methodologies used by <br /> the Applicant. <br /> Should you have any questions, please contact Ivan Franco of this office or Charlie <br /> DiDomenico in our Division 2 office in Pueblo at (719) 542-3368. <br /> Sincerely, <br /> Jeff Deatherage, P.E. <br /> Chief of Water Supply <br /> Attachments: Tables 1, 2, and 3, AGUA Water Lease Agreement <br /> cc: Steve Witte, Division 2 Engineer (via email) <br /> Steve Stratman, District 14 &15 Water Commissioner (via email) <br /> 1313 Sherman Street, Room 821,Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us <br /> r <br /> " /876 • <br />