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Ms. Jennifer Lindahl <br />Larimer Pit, M-74-069 <br />May 8, 2007 <br />Page 4 <br />14. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms to the <br />division engineer and water commissioner. <br />15. If reclamation of the mine site produces a permanent water surface exposing groundwaterto <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three years prior to the completion of mining to include, but not be <br />limited to, long-term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. The approval of this plan does not imply a position by our office on <br />any litigation associated with case 2000CW142 or any other case. <br />16. Dewatering at this site will produce delayed depletions to the stream system. As long as the <br />pit is continuously dewatered, the water returned to the stream system should be adequate <br />to offset the depletions. However, once dewatering at the site ceases, the delayed <br />depletions must be addressed. At least three years prior to completion of dewatering, a plan <br />must be submitted that specifies how the post pumping dewatering depletions will be <br />replaced, in time, place and amount. <br />17. The site (pit 18) is currently being dewatered, however, if the dewatering of this site is <br />discontinued, the pit would fill creating additional depletions to the stream system due to <br />increased evaporation. A bond for $300,000 through DMG for lining or backfilling of the <br />lakes has been obtained. Therefore, if dewatering is discontinued this bond can also be <br />used for the completion of the lining of the pit or the backfilling, thus preventing depletions to <br />the stream system. <br />18. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below the <br />water table and all other uses of water at the pit must cease immediately. <br />19. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and <br />Regulations adopted on February 4, 1992, the state engineer shall determine if the <br />substitute supply is of a quality to meet requirements of use to which the senior appropriation <br />receiving the substituted supply has normally been put. As such, water quality data or <br />analyses may be requested at any time to determine if the requirements of use of the senior <br />appropriator are met. <br />20. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any pending <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />involving other plans, or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />