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Ms. Jennifer S. Lindahl Page 8 of 9 <br />December 3, 2018 <br />and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS <br />requires that you provide information to DRMS to demonstrate you can replace long term <br />injurious stream depletions that result from mining related exposure of ground water. The <br />DRMS letter identifies four approaches to satisfy this requirement. <br /> <br />In accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained <br />for $4,150,000 for the Morton-Holton Lakes site through the DRMS to assure that depletions <br />from groundwater evaporation do not occur in the unforeseen event or events that would <br />lead to the abandonment of the Pit. <br /> <br />16. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/or approval of the water commissioner (including the <br />proposed aggregated replacement for winter depletions). <br />17. 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 augmentation or <br />mitigation to ensure the permanent replacement of all depletions, including long-term <br />evaporation losses and lagged depletions after gravel mining operations have ceased. If <br />reclamation of the mine site will produce a permanent water surface exposing groundwater <br />to evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three (3) years prior to the completion of mining to include, but not be <br />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 <br />effect on stream flow. <br />18. 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 occurred <br />or will occur as a result of the operation of this SWSP. Should this SWSP expire without <br />renewal or be revoked prior to adjudication of a permanent plan for augmentation, all <br />excavation of the product from below the water table, and all other use of water at the pit, <br />must cease immediately. <br />19. In accordance with amendments to Section §25-8-202-(7), C.R.S. and “Senate Bill 89-181 Rules <br />and Regulations” adopted on February 4, 1992, the State Engineer shall determine if the <br />substitute supply is of a quality to meet requirements of use to which the senior appropriation <br />receiving the substitute supply has normally been put. As such, water quality data or analyses <br />may be requested at any time to determine if the requirement of use of the senior appropriator <br />is met. <br />20. 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 SWSP. This decision shall <br />not bind the state engineer to act in a similar manner in any other applications involving other <br />SWSPs or in any proposed renewal of this SWSP, and shall not imply concurrence with any <br />findings of fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br /> <br />