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Donald E. Frick, E.I.T. South Platte Combined Replacement Plan November 14, 2006 Page 11 of 12 14. Approval of this plan is for the purposes as stated herein. This office must first approve any additional uses for which the water may be used. 15. The approval of this substitute water supply plan does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine sites will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. According to the plan mining has ceased at the Lawrence Wash Plant, Teti Pit, North Daholia Pit, Jeronimus Pit, Platte Valley Pit, Tull Pit, Larson Pit, Stegner Pit and F-Street Pit, Loloff Pit. Since mining has ceased at these sites, either the lakes must be lined or backfilled, or an application for a plan of augmentation for the site must be filed with the water court. In addition all lagged depletions shall continue to be replaced under a SWSP until there is no longer an effect on stream flow or a court approved augmentation plan is approved by the water court. Prior to further plan approvals the applicant must demonstrate that the sites are being lined or backfllled or that an application for a plan of augmentation has been filed with the water court. 16. The name, address, and phone number of a contact person who will be responsible for the operation and accounting of this plan must be provided to the Water Commissioner(s) and the Division Engineer. 17. This plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of the operation of this plan. 18. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately. 19. The decision of the State Engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant.