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Nelson Mining Resources SWSP <br /> November 25, 2024 <br /> Page 10 of 11 <br /> injurious stream depletions that result from mining related exposure of <br /> groundwater. The DRMS letter identifies four approaches to satisfy this <br /> requirement. <br /> In accordance with approach nos. 1 and 3, you have indicated that a bond <br /> has been obtained for $1,097,165.51 through the DRMS for lining of this site <br /> to assure that depletions from groundwater evaporation do not occur in the <br /> unforeseen event or events that would lead to the abandonment of the Pit. <br /> 17. The State Engineer may revoke this SWSP or add additional restrictions to its <br /> operation if at any time the State Engineer determines that injury to other <br /> vested water rights has occurred or will occur as a result of the operation of <br /> this SWSP. Should this substitute water supply plan expire without renewal or <br /> be revoked prior to adjudication of a permanent plan for augmentation, all <br /> excavation of product from below the water table, and all other use of water <br /> at the pit, must cease immediately. <br /> 18. In accordance with amendments to Section 525-8-202-(7), C.R.S. and "Senate <br /> Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State <br /> Engineer shall determine if this substitute water supply plan is of a quality to <br /> meet requirements of use to which the senior appropriation receiving the <br /> substitute supply has normally been put. As such, water quality data or <br /> analyses may be requested at any time to determine if the requirement of use <br /> of the senior appropriator is met. <br /> 19. The decision of the state engineer shall have no precedential or evidentiary <br /> force, shall not create any presumptions, shift the burden of proof, or serve as <br /> a defense in any water court case or any other legal action that may be <br /> initiated concerning the substitute water supply plan. This decision shall not <br /> bind the State Engineer to act in a similar manner in any other applications <br /> involving other plans or in any proposed renewal of this plan, and shall not <br /> imply concurrence with any findings of fact or conclusions of law contained <br />