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Timnath-Connell Substitute Water Supply Plan Page 6 of 7 <br />March 31, 2017 <br /> <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. Granting of this plan does not imply approval by this office of any such court <br />application(s). <br />19. The Timnath-Connell Pit has been continuously dewatered. Dewatering operations at this <br />site create lagged accretions that mimic its lagged depletions due to the recharge of <br />dewatering water. The Applicant intends to line the pit when mining activity is complete, <br />and none of the currently dewatered areas will be within the unlined lakes after <br />reclamation. Therefore the site should not experience water loss associated with a “first <br />fill” that occurs when unlined gravel pits are allowed to fill with ground water. The <br />Applicant proposes that in accordance with the current dewatering plan, once dewatering at <br />the site ceases, there will not be any post-pumping depletions that must be addressed. <br />20. If dewatering of the Timnath-Connell Pit were discontinued prior to the completion of a <br />liner, the pit would fill creating additional depletions to the stream system and resulting in <br />increased evaporation. Additionally, should an augmentation plan not be obtained for the <br />unlined ponds, long term depletions to the stream system would result. To assure that <br />additional or long term depletions to the river do not occur, a bond for $510,198 for the <br />lining or backfilling of the Timnath-Connell Pit was obtained in 1999 through DRMS. This <br />bond was determined to be sufficient by DRMS during a site inspection on August 31, 2012. <br />21. 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 />22. 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 which the senior <br />appropriators receiving the substitute supply has normally been put. As such, water quality <br />data or analysis may be requested at any time to determine if the requirement of use of the <br />senior appropriator is met. <br />23. 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 pending <br />water court case or any other legal action that may be initiated concerning this plan. This <br />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 />Should you have any questions or comments, please contact Michael Hein in Greeley at 970- <br />352-8712 or Ioana Comaniciu in Denver at 303-866-3581. <br /> Sincerely, <br /> <br /> <br /> <br /> Jeff Deatherage, P.E. <br /> Chief of Water Supply <br />for