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Hokestra SWSP Page 10 of 11 <br />March 20, 2017 <br /> <br />exposing groundwater to evaporation, an application for a plan for augmentation must be <br />filed with the Division 1 Water Court at least three (3) years prior to the completion of <br />mining to include, but not be limited to, long-term evaporation losses and lagged <br />depletions. If a lined pond results after reclamation, replacement of lagged depletions shall <br />continue until there is no longer an effect on stream flow. <br />14. In accordance with the letter dated April 30, 2010 from the Colorado Division of <br />Reclamation, Mining, and Safety (“DRMS”), all sand and gravel mining operators must <br />comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and <br />Regulations for the protection of water resources. The April 30, 2010 letter from DRMS <br />requires that you provide information to DRMS to demonstrate you can replace long term <br />injurious stream depletions that result from mining related exposure of ground water. <br />Pursuant to approach number 3, the County has completed slurry walls to eliminate a <br />portion of the long term evaporation from the site. No bond has been posted for this work <br />because a financial warranty is not required for a county. The County will pursue an <br />augmentation plan for the remaining unlined areas using their 3.5 Rural Ditch shares. <br />15. No dewatering is projected to occur during this plan period. If dewatering does occur, a <br />totalizing flow meter is required to be installed on all dewatering operations with actual <br />meter reads used for the final post-pumping depletion analysis. Post-pumping depletions <br />will continue to impact the river after this approval period and must therefore continue to <br />be included in future SWSPs. <br />16. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at <br />any time the State Engineer determines that injury to other vested water rights has <br />occurred or will occur as a result of the operation of this SWSP. Should this substitute water <br />supply plan expire without renewal or be revoked prior to adjudication of a permanent plan <br />for augmentation, all excavation of product from below the water table, and all other use of <br />water at the pit, must cease immediately. <br />17. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />18. 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 <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />Please contact Ioana Comaniciu in Denver at (303) 866-3581, or Michael Hein in Greeley at (970) <br />352-8712, if you have any questions concerning this approval.