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Mr. Paul Bruss, P.E. <br />August 30, 2018 <br />Page 5 of 6 <br />December 15, 2020 for 2020 dry up such that the final determination of augmentation <br />credits for the irrigation season can be made along with mapping showing any revisions <br />to the dry up acreage. <br />9. The approval of this SWSP does not relieve the applicant and/or landowner of the <br />requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and lagged depletions after the gravel mining <br />operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing ground water to evaporation, an application for plan for <br />augmentation must be filed with the Division 2 Water Court at least three (3) years <br />prior to the completion of mining to include, but not be limited to, long-term <br />evaporation losses and lagged depletions. If the ponds will be backfilled, or a lined <br />pond results after reclamation, replacement of lagged depletions must continue until <br />there is no longer an effect on stream flow. Granting of this plan does not imply <br />approval by this office of any such court application(s). <br />10. 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 SWSR Should this SWSP <br />expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of water under this SWSP must cease immediately and the <br />Applicant may need to obtain and present to this office an alternate source of <br />replacement water. <br />11. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill <br />89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine whether or not the substitute supply is of a quality to meet requirements of <br />use to senior appropriators. As such, water quality data or analysis may be requested <br />at any time to determine if the water quality is appropriate for downstream water <br />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 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 plans, or in any proposed renewal of <br />this plan, 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 />