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NCCI Bennett Gravel Pit SWSP Page 5 of 5 <br /> March 15, 2024 <br /> from groundwater evaporation do not occur in the unforeseen event or event(s) that would lead <br /> to the abandonment of the Pit. <br /> 17. 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 any proposed <br /> aggregated replacement for winter depletions). <br /> 18. 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 <br /> the 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 <br /> a 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 /> 19. 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 revoked <br /> prior to adjudication of a permanent plan for augmentation, all excavation of the product from below <br /> the water table, and all other use of water at the pit, must cease immediately. <br /> 20. 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 the substitute supply <br /> is of a quality to meet the 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 <br /> at any time to determine if the requirement of use of the senior appropriator is met. <br /> 21. 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 Ailis Thyne in Denver at (303) 866- <br /> 3581 x8216 or Aliyah Santistevan in Greeley at (970) 352-8712. <br /> Sincerely, <br /> 41kw 'O.� <br /> for Joanna Williams, P.E. <br /> Chief of Water Supply <br /> Attachments: Figures 1 and 2 <br /> Tables 1, 2 and 3 <br /> City of Fort Lupton Lease <br /> Letter from DRMS dated April 30, 2010 <br /> Ec: Aliyah Santistevan, Assistant Division Engineer, AliVah.Santistevan@state.co.us <br /> Alec Hernandez, Water Commissioner, District 2, Alec.Hernandez@state.co.us <br /> Dawn Ewing, dnr_div1accountinq@state.co.us <br /> Division of Reclamation Mining and Safety, dnr drmsminadmin@state.co.us <br /> JMW/idc/aat: Bennett Pit SWSP Approval 24-25.doc <br />