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Mark McLean Page 3 <br />August 16, 2006 <br />losses after the gravel mining operations have ceased. Application for a decree should be made <br />three years prior to the completion of mining with the intent of obtaining a decreed plan by the <br />completion of mining. Approval of this substitute supply plan does not imply a position by this <br />office on any related litigation. <br />9. A request for renewal of this plan must be submitted with the statutory fee then in effect at least <br />45 days prior to the date of expiration. <br />10. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other water rights has or will occur as a result of this plan. <br />11. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit <br />is continuously dewatered, the water returned to the stream system should be adequate to <br />offset the depletions attributable to the dewatering operation. Once dewatering at the site <br />ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to <br />continue during the terms of this approval. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions (including refilling of the pit) will be replaced, in time, place and amount. If <br />dewatering of the site is discontinued, the pit would fill and cause additional depletions to the <br />stream system due to increased evaporation. Therefore, the $50,000 bond must continue to <br />be held with the Division of Reclamation, Mining and Safety to line or backfill the ponds if <br />dewatering is discontinued. <br />12. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether or <br />not the substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />13. Acceptance of these conditions shall be assumed unless a letter to the contrary is <br />received by this office, the Division Engineer (310 E. Abriendo, Suite B, Pueblo, CO <br />81004), and the Water Commissioner (John Van Oort, P.O. Box 148, Rye, Colorado <br />81069) within two weeks of your receipt of this letter. <br />Please contact Heidi Frey of this office or Kalsoum Abbasi, in Pueblo at (719) 542-3368, if you <br />have any questions concerning this approval. <br />incerely, 70 <br />` ~.~ <br />Dick Wolfe, P.E. <br />Assistant State Engineer <br />Attachments: Tables 1, 2, 3, and 4 <br />cc: Steven J. Witte, Division 2 Engineer <br />John Van Oort, Water Commissioner, Water District 14 <br />Mark Morley, Stonewall Springs Quarry/Money Companies <br />Division of Reclamation, Mining and Safety <br />DW/HCF:M-2000-41(2006).doc <br />