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2024-2025 Chavers Mining Resources Substitute Water Supply Plan Page 7 of 8 <br /> July 25, 2024 <br /> requirement. In accordance with approach nos. 1 and 3, the Applicant has indicated that a bond has <br /> been obtained for $1,848,166 through the DRMS for lining of this site to assure that depletions from <br /> groundwater evaporation do not occur in the unforeseen event, or events that would lead to the <br /> abandonment of the Pit. <br /> 17. All releases of replacement water must be sufficient to coverall out of priority depletions and be made <br /> under the direction and/or approval of the Water Commissioner (including the proposed aggregated <br /> replacement for winter depletions). <br /> 18. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement to obtain <br /> 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 depletions <br /> after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent <br /> water surface exposing groundwater to evaporation, an application for a plan for augmentation must <br /> be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to <br /> include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond <br /> results after reclamation, replacement of lagged depletions shall continue until there is no longer an <br /> effect on stream flow. <br /> 19. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at any time the <br /> State Engineer determines that injury to other vested water rights has occurred or will occur as a result <br /> of the operation of this SWSP. Should this SWSP expire without renewal or be revoked prior to <br /> adjudication of a permanent plan for augmentation,all excavation of the product from below the water <br /> 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 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 /> 21. The decision of the State Engineer shall have no precedential or evidentiary force, shall not create any <br /> presumptions,shift the burden of proof, or serve as a defense in any water court case or any other legal <br /> action that may be initiated concerning the SWSP. This decision shall not bind the State Engineer to <br /> act in a similar manner in any other applications involving other plans or in any proposed renewal of <br /> this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained <br /> 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) 866- <br /> 3581 or Aliyah Santistevan in Greeley at (970) 352-8712. <br /> Sincerely, <br /> Al ���'r� <br /> for Joanna Williams, P.E. <br /> Water Resources Engineer <br />