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Chavers Mining Resources Substitute Water Supply Plan 2022 Page 7 of 8 <br /> June 27, 2022 <br /> that result from mining related exposure of groundwater. The DRMS letter identifies four approaches <br /> to satisfy this requirement. <br /> In accordance with approach nos. 1 and 3, the Applicant has indicated that a bond has been obtained <br /> for $1,233,955.00 through the DRMS for lining of this site to assure that depletions from groundwater <br /> evaporation do not occur in the unforeseen event, or events that would lead to the abandonment of <br /> the Pit. <br /> 14. All releases of replacement water must be sufficient to cover all out of priority depletions and be <br /> made under the direction and/or approval of the Water Commissioner (including the proposed <br /> aggregated replacement for winter depletions). <br /> 15. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement to <br /> obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the <br /> permanent replacement of all depletions, including long-term evaporation losses and lagged <br /> depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a <br /> permanent water surface exposing groundwater to evaporation, an application for a plan for <br /> augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the <br /> completion of mining to include, but not be limited to, long-term evaporation losses and lagged <br /> depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue <br /> until there is no longer an effect on stream flow. <br /> 16. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at any <br /> time the State Engineer determines that injury to other vested water rights has occurred or will occur <br /> as a result of the operation of this SWSP. Should this SWSP expire without renewal or be revoked prior <br /> to adjudication of a permanent plan for augmentation, all excavation of the product from below the <br /> water table, and all other use of water at the pit, must cease immediately. <br /> 17. In accordance with amendments to section 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 water <br /> supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the <br /> substitute supply has normally been put. As such, water quality data or analyses may be requested at <br /> any time to determine if the requirement of use of the senior appropriator is met. <br /> 18. The decision of the State Engineer shall have no precedential or evidentiary force, shall not create <br /> any presumptions, shift the burden of proof, or serve as a defense in any water court case or any <br /> other legal action that may be initiated concerning the SWSP. This decision shall not bind the State <br /> Engineer to act in a similar manner in any other applications involving other plans or in any proposed <br /> renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law <br /> contained herein, or with the engineering methodologies used by the Applicant. <br /> If you have any questions concerning this approval, please contact Wenli Dickinson in Denver at (303) <br /> 866-3581 or Dean Santistevan in Greeley at (970) 352-8712. <br /> Sincerely, <br /> Jeff Deatherage, P.E. <br /> Chief of Water Supply <br />