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Speer Mining Resources Substitute Water Supply Plan Page 4 of 5 <br />June 28, 2017 <br /> <br />submitted accounting shall conform to the Administration Protocol “Augmentation Plan <br />Accounting, Division One - South Platte River” (attached). <br />In addition, the applicant shall verify that the entities making replacements are identifying <br />this use on their accounting submitted to our office. For the period of this plan, that entity <br />is the City of Aurora (WDID 0802593 – Aurora Reuse). <br />10. The name, mailing address, and phone number of the contact person who will be responsible <br />for operation and accounting of this plan must be provided on the accounting forms to the <br />division engineer and water commissioner. <br />11. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with <br />the Division 1 Water Court to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Granting of this <br />plan does not imply approval by this office of any such court application(s). Any future <br />SWSP request must specify the work done towards backfilling the site and identify the future <br />plans to eliminate evaporative depletions, such as continued backfilling or lining of the site. <br />12. 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 />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 if <br />this substitute water supply plan is of a quality to meet requirements of use to which the <br />senior 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 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 />Please contact Ioana Comaniciu in Denver at (303) 866-3581, or Dean Santistevan in Greeley <br />at (970) 352-8712, if you have any questions concerning this approval. <br /> Sincerely, <br /> <br /> for <br /> <br /> Jeff Deatherage, P.E. <br />Chief of Water Supply <br />