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Mr. Forrest Leaf <br />May 30, 2007 <br />8. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the accounting <br />forms to the division engineer and water commissioner. <br />9. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior <br />to the completion of mining to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on 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 />adjudication 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. 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 water <br />court case or any other 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 similar manner in <br />any other applications involving other plans or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant. <br />Should you have any questions, please contact Joanna Williams of this office or Mr. Scott <br />Cuthbertson of our Division office in Greeley at (970) 352-0742. <br />Sincerely, <br /> <br />Kevin G. Rein, P.E. <br />Chief of Water Supply <br />Attachments: Table 4 <br />KGR/JMW <br />cc: Scott Cuthbertson, Assistant Division Engineer <br />Robert Stahl, Water Commissioner District 2 <br />Colorado Division of Reclamation Mining & Safety <br />