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Ms. Michelle Hatcher Page 3 <br />December 13, 2007 <br />by the division engineer. All amounts shall be in acre-feet. <br />10. All pumping for dust control and concrete production shall be measured in a manner acceptable to <br />the division engineer. Well permit no. 57724-F is used for drinking and sanitary purposes, and <br />must have a totalizing flow meter installed and maintained in good working order. Permanent <br />records of all diversions must be maintained by the well owner (recorded at least monthly) and <br />submitted to the division engineer and water commissioner as required by the terms of this plan. <br />11. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other vested water rights has or wilt occur as a result of this plan. Should this supply <br />plan expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />12. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three (3) years prior to the completion of mining to include, but not be limited to, <br />long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Granting of this plan <br />does not imply approval by this office of any such court application(s). <br />13. Dewatering at this site is not expected to produce delayed impacts since the dewatering pumps <br />are proposed to be located within 100 feet of the river and instantaneous depletions to the river <br />system are assumed. Should this assumption change and the dewatering operation produces <br />delayed impacts, at least three years prior to completion of dewatering, a plan must be submitted <br />that specifies how the post pumping dewatering depletions will be replaced, in time, place and <br />amount. <br />14. To assure that depletions from groundwater evaporation do not occur in the unforeseen event, or <br />events, that would lead to the abandonment of the pit, a bond for $103,754.00 through DRMS for <br />lining or backfilling of the pit has been obtained. Therefore, in case of abandonment the bond can <br />finance the completion of the lining of the pit or the backfilling, thus preventing depletions to the <br />stream system. In addition, to assure that out-of-priority depletions to the river do not occur during <br />the term of this substitute water supply plan, the 2.8125 shares of the Greeley Irrigation Company <br />(Greeley Canal No. 3) used in this plan are committed to cover ground water evaporation in the <br />unforeseen event, or events, that would lead to the abandonment of the pit. <br />15. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and <br />Regulations adopted on February 4, 1992, the state engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />16. The decision of the state engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any pending water court <br />case or any other legal action that may be initiated concerning this plan. This decision shall not <br />bind the state engineer to act in a similar manner in any other applications involving other plans, <br />or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact <br />or conclusions of law contained herein, or with the engineering methodologies used by the <br />Applicant. <br />