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Michelle L. Hatcher <br />January 12, 2008 <br />Pages <br />8. Dewatering at the pits will produce delayed depletions to the stream system. <br />As long as the pit is continuously dewatered, the water returned to the stream <br />system should be adequate to offset the depletions. However, once <br />dewatering at the site ceases, the delayed depletions must be addressed. At <br />least three years prior to completion of mining, a plan must be submitted that <br />specifies how the post pumping dewatering depletions will be replaced in time, <br />place and amount. <br />9. Approval of this plan is for the purposes as stated herein. This office must <br />first approve any additional uses for which the water may be used. <br />10. The approval of this substitute water supply plan does not relieve the <br />Applicant and/or landowner of the requirement to obtain a Water Court decree <br />approving a permanent plan for augmentation or mitigation to ensure the <br />permanent replacement of all depletions, including long-term evaporation <br />losses and lagged depletions after gravel mining operations have ceased. If <br />reclamation of the mine sites will produce a permanent water surface <br />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) <br />years prior to the completion of mining to include, but not be limited to, long- <br />term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no <br />longer an effect on stream flow. <br />According to the plan mining has ceased at the Fort Lupton. Since mining <br />has ceased at this site, either the lakes must be lined or backfilled, or an <br />application for a plan of augmentation for the site must be filed with the water <br />court. In addition all lagged depletions shall continue to be replaced under a <br />SWSP until there is no longer an effect on stream flow or a court approved <br />augmentation plan is approved by the water court. Prior to further plan <br />approvals the applicant must demonstrate that the site is being lined or <br />backfilled or that an application for a plan of augmentation has been <br />filed with the water court. <br />11. The name, address, and phone number of a contact person who will be <br />responsible for the operation and accounting of this plan must be provided to <br />the Water Commissioner(s) and the Division Engineer. <br />12. This plan may be revoked or modified at any time should it be determined that <br />injury to other vested water rights has or will occur as a result of the operation <br />of this plan. <br />13. Should this substitute water supply plan expire without renewal or be revoked <br />prior to adjudication of a permanent plan for augmentation, all use of ground <br />water must cease immediately. <br />14. The decision of the State Engineer shall have no precedential or evidentiary <br />force, shalt not create any presumptions, shift the burden of proof, or serve as <br />a defense in any water court case or any other legal action that may be <br />initiated concerning the substitute water supply plan. This decision shall not <br />bind the State Engineer to act in a similar manner in any other applications <br />