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<br />Arista Shippy <br />August 2, 2018 <br />Page 4 of 5 <br /> <br /> <br />8. The name, address, and phone number of a contact person who will be responsible <br />for the operation and accounting of this plan must be provided on the accounting <br />forms to the Division Engineer and Water Commissioner. <br />9. The approval of this substitute water supply plan does not relieve the Applicant <br />and/or the landowner of the requirement to obtain a Water Court decree <br />approving a permanent plan for augmentation or mitigation to ensure the <br />permanent replacement of all depletions, including long-term evaporation losses <br />and lagged depletions after gravel mining operations have ceased. If reclamation <br />of the mine site will produce a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the <br />Division 1 Water Court at least three (3) years prior to the completion of mining, to <br />include, but not be limited to, long-term evaporation losses and lagged depletions. <br />If a lined pond results after reclamation, replacement of lagged depletions from <br />mining and dewatering shall continue until there is no longer an effect on stream <br />flow. <br />10. The State Engineer may revoke this SWSP or add additional restrictions to its <br />operation if at any time should it be determined that injury to other vested water <br />rights has or will occur as a result of this plan. Should this substitute water supply <br />plan expire without renewal or be revoked prior to adjudication of a permanent <br />plan for augmentation, all excavation of product from below the water table, and <br />all other use of water at the pit, must cease immediately. <br />11. In accordance with amendments to §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 <br />determine whether the substitute supply is of a quality to meet requirements of <br />use to senior appropriators has normally been put. As such, water quality data or <br />analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />12. 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 <br />in any water court case or any other legal action that may be initiated concerning <br />the substitute water supply plan. This decision shall not bind the State Engineer to <br />act in a similar manner in any other applications involving other plans or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of <br />fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br /> <br /> <br /> <br /> <br /> <br />