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Frey hatchery Pit, M2014-043 Page 6 of 6 <br /> December 11, 2017 <br /> 16. All releases of replacement water must be sufficient to cover all out of priority depletions and be made <br /> under the direction and/or approval of the water commissioner (including the proposed aggregated <br /> replacement for winter depletions). <br /> 17. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement to obtain <br /> a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the <br /> permanent replacement of all depletions, including long-term evaporation losses and lagged depletions <br /> after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent <br /> water surface exposing groundwater to evaporation, an application for a plan for augmentation must be <br /> filed with the Division 1 Water Court at least three (3)years prior to the completion of mining to include, <br /> but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after <br /> reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream <br /> flow. <br /> 18. The state engineer may revoke this SWSP or add additional restrictions to its operation if at any time the <br /> state engineer determines that injury to other vested water rights has occurred or will occur as a result <br /> of the operation of this SWSP. Should this SWSP expire without renewal or be revoked prior to <br /> adjudication of a permanent plan for augmentation, all use of water under this SWSP must cease <br /> immediately. <br /> 19. In accordance with amendments to Section 525-8-202-(7), C.R.S. and "Senate Bill 89-181 Rules and <br /> Regulations" adopted on February 4, 1992, the state engineer shall determine if the substitute supply is of a <br /> quality to meet requirements of use to which the senior appropriation receiving the substitute supply has <br /> normally been put. As such, water quality data or analyses may be requested at any time to determine if the <br /> requirement of use of the senior appropriator is met. <br /> 20. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any <br /> presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal <br /> action that may be initiated concerning the SWSP. This decision shall not bind the state engineer to act in a <br /> similar manner in any other applications involving other plans or in any proposed renewal of this plan, and <br /> shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the <br /> engineering methodologies used by the Applicant. <br /> If you have any questions concerning this approval, please contact loana Comaniciu in Denver at (303) <br /> 866-3581 or Dean Santistevan in Greeley at (970) 352-8712. <br /> Sincerely, <br /> �0 _D . <br /> Jeff Deatherage, P.E., <br /> Chief of Water Supply <br /> Attachment: Figure 1, 2, and 3 <br /> Revised Table 2 <br /> City of Aurora Lease <br /> Letter from DRMS dated April 30, 2010 <br /> cc: Dean Santistevan, Assistant Division Engineer, Dean.Santistevan@state.co.us <br /> Jorge Vidal, Water Commissioner, District 2, Jorge.Vidal@state.co.us <br /> Brent Schantz, River Operations & Compact Coordinator, Brent.Schantz@state.co.us <br /> Division of Reclamation Mining and Safety <br />