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Knox Pit SWSP January 19, 2022 <br /> Plan ID 5958 Page 7 of 8 <br /> 10. Conveyance loss for delivery of augmentation water is subject to assessment and modification <br /> as determined by the division engineer. <br /> 11. The replacement water which is proposed to be utilized in this SWSP cannot be sold or leased <br /> to any other entity during the term of this ptan. All replacement water must be concurrent <br /> with depletions in quantity, timin� and location. <br /> 12. Dewatering at this site will produce delayed deptetions to the stream system. As long as the <br /> site is continuously dewatered, the water returned to the stream system via recharge will be <br /> used to partiatly offset the depletions, thus dewatering is required to continue during the <br /> term of this plan. Once dewatering at the site ceases, the delayed deptetions must be <br /> addressed, including depletions resutting from the gradual refillin� of the pit. At least three <br /> years prior to completion of dewatering, a plan must be submitted that specifies how the <br /> post-pumping dewatering depletions will be replaced, in time, ptace and amount. <br /> 13.The approval of this SWSP does not relieve the Applicant and/or landowner of the <br /> requirement to ensure the permanent replacement of all depletions, including lon�-term <br /> evaporation losses and/or tagged depletions after gravel mining operations have ceased. If <br /> reclamation of the mine site will produce a permanent water surface exposing groundwater to <br /> 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 deptetions shall continue until there is no longer an <br /> effect on stream flow. <br /> 14. To assure that depletions from groundwater evaporation do not occur in the unforeseen <br /> event, or events, which would lead to the abandonment of the pit, the Applicant has obtained <br /> a bond in the amount of $788,900.00, which includes the cost of backfilling the pond(s). <br /> 15. 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 use of <br /> water at the pit must cease immediately. <br /> 16. 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 shatt determine whether the <br /> substitute supply is of a quality to meet requirements of use of senior appropriators. As such, <br /> water quality data or analysis may be requested at any time to determine if the water quality <br /> is appropriate for downstream water users. <br /> 17.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 pending <br /> water court case or any other le�al action that may be initiated concerning this plan. This <br /> decision shall not bind the state engineer to act in a similar manner in any other applications <br /> involving other SWSPs, or in any proposed renewal of this SWSP, 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 />