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Aggregate Industries South Platte Combined SWSP April 13, 2018 <br />Plan IDs 3614, 4773, 3624, 4772, 4616, 3437, 3376, 3650, 3668, and 5475 Page 19 of 20 <br />23. If reclamation of the mine sites will produce 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 and lagged <br />depletions. If a lined pond results after reclamation, replacement of lagged depletions <br />shall continue until there is no longer an effect on stream flow. According to the plan, <br />mining has ceased at the Jeronimus Pit, Platte Valley Pit, F-Street Pit, Brighton Pit, <br />Tucson Pit, and Distel Pit. Since mining has ceased at these sites, either the lakes must <br />be lined or backfilled, or an application for a plan of augmentation for the site must be <br />filed with the water court. In addition all lagged depletions shall continue to be <br />replaced under a SWSP until there is no longer an effect on stream flow or a court <br />approved augmentation plan is approved by the water court. <br />24. 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 water rights has occurred or will <br />occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or be <br />revoked prior to adjudication of a permanent plan for augmentation, all excavation of <br />product from below the water table, and all other use of water at the pits under this SWSP, <br />must cease immediately. <br />25. 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 if this substitute <br />water supply plan 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 quality <br />data or analyses may be requested at any time to determine if the requirement of use of the <br />senior appropriator is met. <br />26. 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 imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />Should you have any further comments or questions, please contact Michael Hein, Assistant <br />Division Engineer, in Greeley at 970-352-8712 or Sarah Brucker of this office. <br /> Sincerely, <br /> for Jeff Deatherage, P.E. <br /> Chief of Water Supply <br />Attachments: Figure 1 <br />South Platte Substitute Supply Plan Accounting 2018 <br />Bucklen Lease (11/21/2017) <br />GIC Lease (01/12/2018) <br />Martin Marietta Lease (03/12/2018)