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David M. Heintz S &t H Mine SWSP <br /> February 16, 2023 <br /> Page 10 of 11 <br /> 18. The approval of this substitute water supply plan does not relieve the Applicant and/or <br /> the landowner of the requirement to obtain a Water Court decree approving a <br /> permanent plan for augmentation or mitigation to ensure the permanent replacement <br /> of all depletions, including long-term evaporation losses and lagged depletions after <br /> 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 <br /> plan for augmentation must be filed with the Division 1 Water Court at least three (3) <br /> years prior to the completion of mining, to include, but not be limited to, long-term <br /> evaporation losses and lagged depletions. If a lined pond results after reclamation, <br /> replacement of lagged depletions from mining and dewatering shall continue until <br /> there is no longer an effect on stream flow. <br /> 19. The State Engineer may revoke this SWSP or add additional restrictions to its operation <br /> if at any time should it be determined that injury to other vested water rights has or <br /> will occur as a result of this plan. Should this substitute water supply plan expire <br /> without renewal or be revoked prior to adjudication of a permanent plan for <br /> augmentation, all excavation of product from below the water table, and all other use <br /> of water at the pit, must cease immediately. <br /> 20. In accordance with amendments to 925-8-202(7), C.R.S., and "Senate Bill 89-181 Rules <br /> and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br /> whether the substitute supply is of a quality to meet requirements of use to senior <br /> appropriators has normally been put. As such, water quality data or analysis may be <br /> requested at any time to determine if the water quality is appropriate for downstream <br /> water users. <br /> 21. The decision of the State Engineer shall have no precedential or evidentiary force, <br /> shall not create any presumptions, shift the burden of proof, or serve as a defense in <br /> any water court case or any other legal action that may be initiated concerning the <br /> substitute water supply plan. This decision shall not bind the State Engineer to act in a <br /> 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 <br /> conclusions of law contained herein, or with the engineering methodologies used by <br /> the Applicant. <br /> Should you have any comments or questions, please contact Ailis Thyne of this office <br /> or Aliyah Santistevan of our Division office in Greeley at (970) 352-0742. <br /> Sincerely, <br /> for <br /> Joanna Williams, P.E. <br /> Chief of Water Supply <br />