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Valley's Edge Resource Substitute Water Supply Plan <br />November 1, 2021 <br />Page 5 of 7 <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 />19. 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 />20. 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 water is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substitute supply has normally been put. As such, water quality <br />data or analyses may be requested at any time to determine if the requirement of use of <br />the senior appropriator is met. <br />21. 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 />If you have any questions concerning this approval, please contact Wenli Dickinson in the Denver <br />office at 303-866-3581 or Dean Santistevan in the Greeley office at (970) 352-8712. <br />Sincerely, <br />,lei � Deatherage, P.E. <br />Chief of Water Supply <br />Attachments: Figure 1 <br />Table 1 <br />Lease with City of Aurora <br />Letter from DRMS dated April 30, 2010 <br />cc: Dean Santistevan, Assistant Division Engineer, Dean.Santistevan@state.co.us <br />Brent Schantz, River Operations St Compact Coordinator, Brent. Schantz@state.co.us <br />Jorge Vidal, District 2 Water Commissioner, Jorge.Vidal@state.co.us <br />Division of Reclamation Mining and Safety, dnr drmsminadmin@state.co.us <br />JD/jmw/wad: Valleys Edge Resource Approval 21-22.docx <br />