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DeBeque Gravel Pit SWSP Page 8 of 9 <br /> July 15, 2025 <br /> landowner of the requirement to obtain a Water Court decree approving a <br /> permanent plan for augmentation or mitigation to ensure the permanent <br /> replacement of all depletions, including long-term evaporation losses and <br /> lagged depletions after gravel mining operations have ceased. If reclamation <br /> of the mine site will produce a permanent water surface exposing <br /> groundwater to evaporation, an application for a plan for augmentation must <br /> be filed with the Division 5 Water Court at least three (3) years prior to the <br /> completion of mining, to include, but not be limited to, long-term <br /> evaporation losses and lagged depletions. If a lined pond results after <br /> reclamation, replacement of lagged depletions from mining and dewatering <br /> shall continue until there is no longer an effect on stream flow. <br /> 13. This SWSP may be revoked or modified at any time should it be determined that <br /> injury to other vested water rights has occurred or will occur as a result of the <br /> operation of this SWSP. Should this SWSP expire without renewal or be revoked <br /> prior to adjudication of a permanent plan for augmentation, all excavation of <br /> product from below the water table and all other use of water at the pit must <br /> cease immediately. <br /> 14. In accordance with amendments to section 25-8-202(7), C.R.S. and Senate Bill <br /> 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer <br /> shall determine if the substitute supply is of a quality to meet requirements of use <br /> to which the senior appropriation receiving the substituted supply has normally <br /> been put. As such, water quality data or analyses may be requested at any time to <br /> determine if the requirements of use of the senior appropriator are met. <br /> 15. 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 <br /> in any water court case or any other legal action that may be initiated concerning <br /> the SWSP. This decision shall not bind the State Engineer to act in a similar manner <br /> in any other applications involving other SWSPs or in any proposed renewal of this <br /> SWSP, and shall not imply concurrence with any findings of fact or conclusions of <br />