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Ms. Katherin R. Griffin, E.I. <br />7/23/2007 <br />Page 4 of 5 <br />10. <br />The approval of this substitute water supply plan does not relieve the <br />Applicant and/or landowner of the requirement to obtain a Water <br />Court decree approving a permanent plan for augmentation or <br />mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and lagged de{~letions after <br />gravel mining operations have ceased. If reclamation ~of the mine <br />sites will produce a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation' must be filed <br />with the Division 1 Water Court at least three (3) years prior to the <br />completion of mining to include, but not be limited to, Ding-term <br />evaporation losses and lagged depletions. If a lined p~~nd results after <br />reclamation, replacement of lagged depletions shall continue until <br />there is no longer an effect on stream flow. <br />According to the plan mining has ceased. Since mining has ceased at <br />the site, either the pit must be lined or backfilled, or and application for <br />a plan of augmentation for the site must be filed with ttie water court. <br />In addition all lagged depletions shall continue to be replaced under a <br />SWSP until there is no longer an effect on stream flowj or a court <br />approved augmentation plan is approved by the water court. Prior to <br />further plan approvals the applicant must demonstrate that the <br />sites are being lined or backfilled or that an applic:~ition for a plan <br />of augmentation has been filed with the water court. <br />11. The name, address, and phone number of a contact person who will <br />be responsible for the operation and accounting of this; plan must be <br />provided to the Water Commissioner(s) and the Division Engineer. <br />12. This plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has nor will occur as <br />a result of the operation of this plan. <br />13. Should this substitute water supply plan expire without renewal or be <br />revoked prior to adjudication of a permanent plan for augmentation, all <br />use of ground water must cease immediately. <br />14. The decision of the State Engineer shall have no precedential or <br />evidentiary force, shall not create any presumptions, shift the burden <br />of proof, or serve as a defense in any water court case or any other <br />legal action that may, be initiated concerning the substitute water <br />supply plan. This decision shall not bind the State Engineer to act in a <br />similar manner in any other applications involving other plans or in <br />any proposed renewal of this plan, and shall not imply c:oncurrence <br />with any findings of fact or conclusions of law contained' herein, or <br />with the engineering methodologies used by the Applicaant. <br />