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2009-2023 Camenish Borrow Pit SWSP, Applegate Group, Inc. Page 4 of 5 <br /> July 5, 2023 <br /> provides a copy of the carriage or use agreement to the division engineer and water commissioner, <br /> no credit will be allowed for replacement of depletions to the South Platte below such diversion <br /> structure. <br /> 10. The Division of Water Resources will not be responsible for any enforcement or administration of <br /> third party agreements that are not included in a decree of the water court. <br /> 11. The approval of this substitute water supply plan does not relieve the Applicant and/or the <br /> landowner of the requirement to obtain a Water Court decree approving a permanent plan for <br /> augmentation or mitigation to ensure the permanent replacement of all depletions, including long- <br /> term 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 to <br /> evaporation, or lagged depletions only if a lined pond results after reclamation, until there is no <br /> longer an effect on stream flow. <br /> 12. The Applicant is required to maintain their DRMS permit and an adequate bond to cover their <br /> reclamation plan until (1) there are no longer lagged depletions hitting the river, (2) a suitable <br /> augmentation plan is obtained, or (3) another party assumes full augmentation responsibilities. The <br /> Applicant has a current bond of $23,575.00 to account for backfilling the pit. With all future SWSP <br /> renewal requests, the Applicant will be required to demonstrate continuing compliance, or diligent <br /> pursuit of compliance, with their DRMS permit reclamation plan and the April 30, 2010 DRMS letter, <br /> specifically in regard to the required financial warranty for the site. <br /> 13. 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 <br /> occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or be <br /> revoked prior to adjudication of a permanent plan for augmentation, all excavation of the product <br /> from below the water table, and all other use of water at the pit, must cease immediately. In <br /> addition, lack of timely accounting may prevent proper administration, which may lead to <br /> revocation or modification of this plan. <br /> 14. 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 whether the substitute <br /> supply is of a quality to meet requirements of use to senior appropriators. As such, water quality <br /> data or analysis may be requested at any time to determine if the water quality is appropriate for <br /> downstream water users. <br /> 15. 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 substitute water supply plan. This decision <br /> shall not bind the State Engineer to act in a similar manner in any other applications involving other <br /> plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of <br /> fact or conclusions of law contained herein, or with the engineering methodologies used by the <br /> Applicant. <br /> Should you have any questions, please contact Wenli Dickinson of this office at 303-866-3581 or Michael <br /> Hein of the Division office in Greeley at (970) 352-8712. <br />