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Janet Owens White Page 3 <br />Del Camino Sand and Gravel Pit (M-96-052) <br />October 14, 2004 <br />9. The name, address, and phone number of a 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 />10. Adequate accounting of depletions and replacement must be provided to the division <br />engineer (Jim Hall, 810 9'" Street, Suite 200, Greeley, CO 80631) and the water <br />commissioner (Mr. Scott Edgar whose address is 301 12th Street, Windsor, CO 80550, <br />telephone number 303-775-0840), on a monthly basis. Accounting and reporting <br />procedures are subject to approval and modification by the division engineer. <br />11. 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 />12. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all uses of water at the pit must cease <br />immediately. <br />13. 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 />14. The approval of this substitute water supply plan does not relieve the Applicant and/or the <br />landowner of the requirement to obtain a Water Court clecree approving a permanent plan <br />for augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and lagged depletions after gravel mining operations <br />have ceased. If reclamation of the mine site will produce a permanent water surface <br />exposing groundwater to evaporation, an application for a plan for augmentation must be <br />filed with the Division 1 Water Court at least three (3) years priorto the completion of mining, <br />to include, but not be limited to, long-term evaporation losses and lagged depletions. If a <br />lined pond results after reclamation, replacement of lagged depletions from mining and <br />dewatering shall continue until there is no longer an effect on stream flow. <br />15. 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 Statf~ Engineer shall determine if this <br />substitute water supply plan is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substitute supply has normally been put. As such, waterquality <br />data or analyses maybe requested at any time to determine if the requirement of use of the <br />senior appropriator is met. <br />16. The decision of the State Engineer shall have no precedential or evidentiaryforce,shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in anywater court <br />case or ary other legal action that may be initiated cone;erring the substitute water supply <br />plan. This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications 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 />