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Mr. Steve Nguyen <br />October 27. 2006 <br />Page 4 <br />permanent water surface exposing groundwater to evaporation, an application for a <br />plan for augmentation must be filed with the Division 1 Water Court at least three (3) <br />years 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 ~s no longer an effer.,t on <br />stream flow. <br />10. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of This plan. <br />11. Should this substitute water supply plan expire without renewal or be revoked prior to <br />ad)udication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately, <br />12. Dewatenng al this site will produce delayed depletions to the stream system. As long <br />as the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions. However, once dewatering at the site ceases the <br />delayed depletions must be addressed. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions will be replaced, in time, place and amount. <br />13. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />water court case or any other legal action that may be initiated concerning the <br />substitute water supply plan. This decision shall not bind the State Engineer to act in a <br />similar manner ~n any other applications involving other plans or in any proposed <br />renewal of this plan, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or wdh the engineering methodologies used by the <br />Applicant. <br />Should you have any further comments or questions, please contact Scott Cuthberison, <br />Assistant Division Engineer in Greeley at 970-352.8712 or Joanna Williams of this office. <br />Sincerely, ~ ".~ <br />~~ ~~~Gi ,C~~. <br />Kevin G. Rein, P.E. <br />Chief of Water Supply <br />Attachments: Table 5 <br />cc: Scott Cuthbertson, Assistant Division Engineer <br />Robert Stahl, Water Commissioner, Water Distract 2 <br />Colorado Division of Reclamation Mining and Safety <br />