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Mr. Richard T. Raines Page 4 <br />Stute Pit-M81-007 and Timnath-Connell Pit-M99-050 <br />November 6, 2007 <br />8. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. All amounts shall be in acre-feet. <br />9. This substitute water supply plan 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 />plan. Should this supply plan expire without renewal or be revoked prior to adjudication <br />of a permanent plan for augmentation, all use of ground water must cease immediately. <br />10. If reclamation of the mine site roduces a <br />P permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed <br />with the Division 1 Water Court at least three years prior to the completion of mining to <br />include, but not be limited to, long-term evaporation losses. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. Granting of this plan does not imply approval by this office of any <br />such court application(s). <br />11. The Timnath-Connell Pit has been continuously dewatered. Dewatering at this site will <br />produce delayed depletions to the stream system. As long as the pit is continuously <br />dewatered, the water returned to the stream system should be adequate to offset the <br />depletions attributable to the dewatering operation. Once dewatering at the site ceases, <br />the delayed depletions must be addressed. Accordingly, dewatering is required to <br />continue during the term of this approval. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions (including refilling of the pit) will be replaced, in time, place and amount. <br />12. If dewatering of the Timnath-Connell Pit were discontinued, the pit would till creating <br />additional depletions to the stream system due to increased evaporation. To assure that <br />additional depletions to the river do not occur, a bond for $510,198 for the Timnath- <br />Connell Pit for lining or backfilling of the pit has been obtained through DRMS. <br />Therefore, if the dewatering is discontinued, this bond can finance the completion of the <br />lining of this pit or the backfilling, thus preventing depletions to the stream system. The <br />Applicant is required to maintain this bond until the pit is adequately lined or backfilled. <br />13. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />14. 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 <br />pending water court case or any other legal action that may be initiated concerning this <br />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />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 />