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�, l BIRISS <br /> � eof 8 <br /> „ <br /> DRMS requires that you provide information to DRMS to demonstrate you can replace <br /> long term injurious stream depletions that result from mining related exposure of <br /> groundwater. The DRMS letter identifies four approaches to satisfy this requirement. <br /> In accordance with approach nos. 1 and 3, a bond for $115,000 has been obtained through <br /> DRMS. It is our understanding that this may be used for backfilling of the sediment pond and <br /> water basin, but is not adequate for backfilling of the Phase 2 mining pit. Therefore, in <br /> accordance with approach no. 4, you have indicated that the mineral lease between the <br /> Applicant and the landowner provides for the Applicant's use of the Lester-Attebery water <br /> rights in connection with the mining operation. You have indicated that the Applicant <br /> intends to fully utilize the Lester-Attebery Ditch rights as a replacement supply for a <br /> long-term augmentation plan for the Grisenti Pit, in addition to water releases from Twin <br /> Lakes Reservoir. For the purposes of this SWSP, the lease agreement will be accepted for the <br /> dedication of the subject water rights; however, if the State Engineer determines that a <br /> different dedication process is necessary to assure proper dedication of water rights, <br /> additional information may be required prior to future SWSP approvals. <br /> 16. The replacement water that is the subject of this SWSP cannot be sold, leased or otherwise <br /> legally encumbered during the term of this SWSP. As a condition of subsequent renewals of <br /> this SWSP, the replacement water must be appurtenant to this site until a plan for <br /> augmentation is obtained. All replacement water must be concurrent with depletions in <br /> quantity, timing, and location. <br /> 17. 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 or will <br /> occur as a result of this SWSP. Should this SWSP expire without renewal or be revoked prior <br /> to adjudication of a permanent plan for augmentation, all use of groundwater must cease <br /> immediately. <br /> 18. In accordance with amendments to C.R.S. § 25-8-202(7) and "Senate Bill 89-181 Rules and <br /> Regulations" adopted on February 4, 1992, the State Engineer shall determine whether or <br /> not the substitute supply is of a quality to meet requirements of use to senior appropriators. <br /> As such, water quality data or analysis may be requested at any time to determine if the <br /> water quality is appropriate for downstream water users. <br /> 19. 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 <br /> other plans or in any proposed renewal of this plan, and shall not imply concurrence with <br /> any findings of fact or conclusions of law contained herein, or with the engineering <br /> methodologies used by the Applicant. <br />