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ASCI Turnpike Mining Resources SWSP Page 8 of 9 <br /> November 25, 2024 <br /> Should this SWSP expire without renewal or be revoked prior to adjudication of a <br /> 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 /> 16.The Applicant must replace all out-of-priority depletions resulting from operation <br /> under this SWSP, including those lagged depletions that occur to the stream after the <br /> expiration date of this SWSP. <br /> 17.As part of any renewal of this SWSP, the Applicant must specify the proposed <br /> replacement source that will be used to replace all lagged depletions that result from <br /> operation under this SWSP, including those that extend beyond the approval period of <br /> the SWSP. If the intent is to obtain a short-term lease for such future replacement <br /> water, an executed lease for depletions that extend beyond the SWSP approval period <br /> is not required, however the Applicant must demonstrate that there is a reasonable <br /> likelihood that such a lease could be obtained. <br /> 18. In accordance with amendments to section 25-8-202(7), C.R.S. and "Senate Bill 89-181 <br /> Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br /> determine if this substitute water supply plan is of a quality to meet requirements of <br /> use to which the senior appropriation receiving the substitute supply has normally <br /> been put. As such, water quality data or analyses may be requested at any time to <br /> determine if the requirement of use of the senior appropriator is met. <br /> 19.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 /> SWSP. This decision shall not bind the State Engineer to act in a similar manner in any <br /> other applications involving other plans or in any proposed renewal of this plan, and <br /> 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 />