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Morton Lakes Substitute Water Supply Plan Renewal (Amended) <br /> July 21, 2025 <br /> Page 15 of 17 <br /> 20. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br /> Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining <br /> operators must comply with the requirements of the Colorado Reclamation Act and <br /> the Mineral Rules and Regulations for the protection of water resources. The April 30, <br /> 2010 letter from DRMS requires that you provide information to DRMS to demonstrate <br /> you can replace long term injurious stream depletions that result from mining related <br /> exposure of 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 has been <br /> obtained for $4,150,000 for the Morton-Holton Lakes site through the DRMS to assure <br /> that depletions from groundwater evaporation do not occur in the unforeseen event <br /> or events that would lead to the abandonment of the Pit. <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 />