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Amended Aggregate Industries South Platte Combined SWSP August 27, 2019 <br /> Plan I Ds 3614, 47731 3624, 47721 4616, 3437, 3376, 3650, 3668, and 5475 Page 20 of 21 <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 with <br /> the 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. If a lined <br /> pond results after reclamation, replacement of lagged depletions shall continue until there is <br /> no longer an effect on stream flow. According to the plan, mining has ceased at the <br /> Jeronimus Pit, Platte Valley Pit, F-Street Pit, Brighton Pit, Tucson Pit, and Distel Pit. Since <br /> mining has ceased at these sites, either the lakes must be lined or backfilled, or an <br /> application for a plan of augmentation for the site must be filed with the water court. In <br /> addition all lagged depletions shall continue to be replaced under a SWSP until there is no <br /> longer an effect on stream flow or a court approved augmentation plan is approved by the <br /> 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 5 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 /> supply is of a quality to meet requirements of use to which the senior appropriation receiving <br /> the substitute supply has normally been put. As such, water quality data or analyses may be <br /> requested at any time to determine if the requirement of use of the senior appropriator is <br /> 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, Lead <br /> Assistant Division Engineer, in Greeley at 970-352-8712 or Sarah Brucker of this office. <br /> Sincerely, <br /> r <br /> for Jeff Deatherage, P.E. <br /> Chief of Water Supply <br />