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Jennifer L. Ashworth, P.E. <br />January 14, 2004 <br />Page 4 <br />8. The approval of this substitute water supply plan does not relieve the Applicant <br />and/or 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 after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a <br />permanent water surface exposing groundwater to evaporation, an application for <br />a plan for augmentation must be filed with the Division 1 Water Court at least <br />three (3} years prior to the completion of mining to include, but not be limited to, <br />long-term evaporation losses. 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. <br />9. If this site is dewatered, dewatering at this site will produce delayed depletions to <br />the stream system. As long as the pit is continuously dewatered, the water <br />returned to the stream system should 6e adequate to offset the depletions. <br />However, once dewatering at the site ceases the delayed depletions must be <br />addressed. At least three years prior to completion of dewatering, a plan must be <br />submitted that specifies how the post pumping dewatering depletions will be <br />replaced, in time, place and amount. <br />10. This substitute water supply plan may be revoked or modified at any time should it <br />be determined that injury to other water rights has or will occur as a result of this <br />plan. <br />11. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, ail excavation of product <br />from below the water table, and all other use of water at the pit, must cease <br />immediately. <br />12. 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 this substitute water supply plan is of a quality to meet <br />requirements of use to which the senior appropriation receiving the substitute supply <br />has normally been put. As such, water quality data or analyses may be requested at <br />any time to determine if the requirement of use of the senior appropriator is met. <br />13. 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 substitute water supply plan. This decision shall not bind the State Engineer to <br />act in a similar manner in any other applications involving other plans or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of <br />factor conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />r' <br />