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Daniel J. Gillham, P.E. Page 5 of 6 <br /> January 6, 2017 <br /> 10. Replacement water shall be made available to cover all out-of-priority depletions in <br /> time, place, and amount and shall be made available under the direction and/or approval <br /> of the Water Commissioner. <br /> 11. The approval of this SWSP does not relieve the Applicant and/or the 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. The Applicant has obtained an augmentation plan from the <br /> Division 2 Water Court in Case No. 13CW3060; however, the Applicant is proposing to <br /> amend the plan in early 2017 to include additional replacement water. <br /> 12. 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 /> 13. 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 /> if the 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 <br /> quality data or analyses may be requested at any time to determine if the requirement of <br /> use of the senior appropriator is met. <br /> 14. 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 SWSPs or in any proposed renewal of this SWSP, 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 /> Should you have any questions, please contact Karlyn Armstrong 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: Figures 1 and 2 <br /> Tables 2 and 3 <br /> Temporary Special Use Agreement between Lamar and CPW <br /> Water Management Agreement between CPW and LAWMA <br />