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Morton Lakes Substitute Water Supply Plan Renewal <br /> January 10, 2025 <br /> Page 13 of 14 <br /> 21.All releases of replacement water must be sufficient to cover all out of priority <br /> depletions and be made under the direction and/or approval of the Water <br /> Commissioner (including the proposed aggregated replacement for winter depletions). <br /> 22.The approval of this SWSP does not relieve the Applicant and/or landowner of the <br /> requirement to obtain a Water Court decree approving a permanent plan for <br /> augmentation or mitigation to ensure the permanent replacement of all depletions, <br /> including long-term evaporation losses and lagged depletions after gravel mining <br /> 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 <br /> augmentation must be filed with the Division 1 Water Court at least three (3) years <br /> 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 <br /> stream flow. <br /> 23.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 vested <br /> water rights has occurred or will occur as a result of the operation of this SWSP. <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 /> 24. In accordance with amendments to section 25-8-202-(7), C.R.S. and "Senate Bill 89- <br /> 181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br /> determine if the substitute supply is of a quality to meet requirements of use to <br /> which the senior appropriation receiving the substitute supply has normally been put. <br /> As such, water quality data or analyses may be requested at any time to determine if <br /> the requirement of use of the senior appropriator is met. <br /> 25.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 />