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Colona Pit SWSP Page 12 of 13 <br /> September 10, 2025 <br /> to modification by the Division Engineer and/or Water Commissioner. <br /> 14. If reclamation of the mine site will produce a permanent water surface exposing <br /> groundwater to evaporation, an application for a plan for augmentation must be <br /> filed with the Division 4 Water Court at least three (3) years prior to the <br /> completion of mining to include, but not be limited to, long-term evaporation <br /> 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 <br /> on stream flow. Granting of this SWSP does not imply approval by this office of <br /> any such court application(s). <br /> 15.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 this <br /> SWSP. Should this SWSP expire without renewal or be revoked prior to <br /> adjudication of a permanent plan for augmentation, all excavation of product <br /> from below the water table, and all other use of water at the pit, must cease <br /> immediately. <br /> 16. 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 <br /> use to which the senior appropriation receiving the substituted supply has <br /> normally been put. As such, water quality data or analyses may be requested at <br /> any time to determine if the requirements of use of the senior appropriator are <br /> met. <br /> 17.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 /> defense in any water court case or any other legal action that may be initiated <br /> concerning this SWSP. This decision shall not bind the State Engineer to act in a <br /> similar manner in any other applications involving other plans or in any proposed <br />