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Eric Bikis <br />June 25, 2004 <br />Page 3 <br />The approval of this substitute water supply plan does not relieve the applicant <br />and/or landowner of the requirement to obtain a water court decree approving a <br />permanent plan for augmentation or mitigation to ensure the permanent <br />replacement of all depletions, including long-term evaporation losses after the <br />gravel mining operations have ceased. An aoaligtion to water court for the oost- <br />minino auomentation plan must be submitted by Auoust 31.2004. Approval of <br />this substitute supply plan does not imply a position by this office on any related <br />litigation. <br />8. A request for renewal of this plan must be submitted with the statutory fee then in <br />effect at least 45 days prior to the date of expiration (by May 16, 2006) unless a <br />decree has been adjudicated by the water court prior to that date. Evidence that <br />a water court application has been submitted to water court for a permanent plan <br />for augmentation must be submitted with the renewal request. <br />9. This substitute water supply plan may be revoked or modified at any time should <br />it be determined that injury to other water rights has or will occur as a result of this <br />plan. <br />10. Vn accordance with amendments 1o Section 25-8-202-(7), C.R.S. and "Senate Biil <br />89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer <br />shall determine whether or not the substitute supply is of a quality to meet <br />requirements of use to senior appropriators. As such, water quality data or <br />analysis may be requested at any time to determine 'rf the water quality is <br />appropriate for downstream water users. <br />Please contact Don West of this office or Ken Beegles, Division Engineer, in <br />Durango at (970) 247-1845, if you have any questions concerning this approval. <br />' cerely, <br />~~ <br />idc Wolfe, P.E. <br />Chief of Water Supply <br />Attachments: <br />cc: Ken Beegles, Division 7 Engineer <br />Val Valentine, Water Commissioner, Water District 78 <br />Robert Scott, Owner/Operator <br />Division of Minerals and Geology <br />DW/DDW: Canyon Sand & Gravel (M-1988-058) 2004.doc <br />