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Nix Gravel Pit SWSP <br /> August 30, 2023 <br /> Page 7 of 8 <br /> 21. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement <br /> to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to <br /> ensure the permanent replacement of all depletions, including long-term evaporation losses <br /> and lagged depletions after gravel mining operations have ceased. If reclamation of the mine <br /> site will produce a permanent water surface exposing groundwater to evaporation, an <br /> application for a plan for augmentation must be filed with the Division 1 Water Court at least <br /> three (3) 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 shall continue until there is no longer an effect on stream <br /> flow. <br /> 22. 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 /> 23. In accordance with amendments to Section 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 if this <br /> substitute water supply plan 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 the <br /> senior appropriator is met. <br /> 24. 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 other <br /> SWSPs or in any proposed renewal of this SWSP, and shall not imply concurrence with any <br /> findings of fact or conclusions of law contained herein, or with the engineering methodologies <br /> used by the Applicant. <br /> If you have any questions concerning this approval, please contact Mike Matz in Denver at (303) <br /> 866-3581 x8241 or Michael Hein in Greeley at (970) 352-8712. <br /> Sincerely, <br /> for Joanna Williams, P.E., <br /> Water Supply Chief <br /> Attachments: Figure 2, 3, and 4 <br /> Tables 1, 2, 4, 5, and 6 <br /> United Lease <br /> Letter from DRMS dated April 30, 2010 <br />