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Trout Valley Ranch SWSP June 19, 2017 <br />Plan ID 5900 Page 6 of 7 <br />may be aggregated to maximize beneficial use. The water commissioner and/or the <br />division engineer shall determine the rate and timing of an aggregated release. <br />13. Conveyance loss for delivery of augmentation water is subject to assessment and <br />modification as determined by the division engineer. <br />14. The replacement water, which is the subject of this SWSP, cannot be sold or leased to <br />any other entity. As a condition of subsequent renewals of this SWSP, the <br />replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. All replacement water must be concurrent with depletions in quantity, <br />timing and locations. <br />15. To assure that depletions from ground water evaporation do not occur in the <br />unforeseen event, or events, that would lead to the abandonment of the pit, the <br />Applicant has obtained a bond in the amount of $415,073, which includes the cost of <br />backfilling the pond(s). <br />16. If reclamation of the mine site produces a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed <br />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. If a lined pond <br />results after reclamation, replacement of lagged depletions shall continue until there <br />is no longer an effect on stream flow. Granting of this SWSP does not imply approval <br />by this office of any such court application(s). <br />17. The Applicant has not proposed to dewater the site, therefore no dewatering shall be <br />allowed under this SWSP. <br />18. The State Engineer may revoke this SWSP or add additional restrictions to its operation <br />if at any time the State Engineer determines that injury to other vested water rights <br />has occurred or will occur as a result of the operation of this SWSP. Should this SWSP <br />expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of water at the pit must cease immediately. <br />19. 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 <br />whether 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 <br />to determine if the water quality is appropriate for downstream water users. <br />20. 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 pending water court case or any other legal action that may be initiated <br />concerning this plan. This decision shall not bind the state engineer to act in a similar <br />manner in any other applications involving other SWSPs, or in any proposed renewal of <br />this SWSP, and shall not imply concurrence with any findings of fact or conclusions of <br />law contained herein, or with the engineering methodologies used by the Applicant. <br /> <br /> <br /> <br /> <br /> <br /> <br />