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Michelle C. Johnson <br />June 24, 2004 <br />Page 3 <br />8. The name, address, and phone number of a contact person who will be responsible <br />for the 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 <br />and/or the landowner of the requirement to obtain a Water Court decree approving a <br />permanent plan for augmentation or mitigation to ensure the permanent replacement <br />of all depletions, including long-term evaporation losses and lagged depletions after <br />gravel mining operations have ceased. If reclamation of the mine site will produce a <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 from mining and dewatering shall continue until <br />there is no longer an effect on stream flow. <br />10. This substitute water supply p{an 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 <br />ptarr. - - - - - <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 <br />below the water table, and all other use of water at the pit, must cease immediately. <br />12. Dewatering at this site may produce delayed depletions to the stream system. As <br />long as the pit is continuously dewatered, the water returned to the stream system <br />should be adequate to offset the depletions. However, once dewatering at the site <br />ceases the delayed depletions must be addressed. At least three years prior to <br />completion of dewatering, a plan must be submitted that specifies how the post <br />pumping dewatering depletions will be replaced, in time, place and amount. <br />13. In accordance with amendments to §25-8-202(7), C.R.S., and `Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of <br />use to which the senior appropriation receiving the substitute supply has normally <br />been put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirement of use of the senior appropriator is met. <br />14. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as a defense in <br />any 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 actin <br />a similar manner in 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 with the engineering methodologies used by <br />the Applicant. <br />