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Ms. Michelle Hatcher <br />G.L. Pit Substitute Water Supply Plan (DRMS# M-81-022) <br />January 14, 2008 <br />Page 3 <br />of this approval letter should be recorded with the county clerk and recorder. All <br />replacement water must be concurrent with depletions in quantity, timing and locations. <br />~; <br />7. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to <br />the division engineer and the water commissioner. <br />8. Adequate accounting of depletions and replacement 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. The accounting form provided with your application is subject to <br />modification and approval by the division engineer. 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 plan. <br />10. Connell Resource, Inc. has amended their DRMS permit to account for the gradual <br />backfilling of the site. Replacement of lagged depletions must continue until there is <br />no longer an effect on stream flow. Since no additional backfilling took place at this <br />site in 2006 and 2007, please note that the approval of this substitute water supply <br />plan does not relieve the Applicant and/or the landowner of the requirement to obtain <br />a water court decree approving a permanent plan for augmentation or mitigation to <br />ensure the permanent replacement of all depletions, including long-term evaporation <br />losses and lagged depletions after gravel mining has ceased. Therefore renewal of <br />this plan is contingent on the Applicant demonstrating that the backfilling of the site <br />has continued or contingent .upon the Applicant filing an application for a plan for <br />augmentation with the Division 1 Water Court by October 31, 2008 that includes, long- <br />term evaporation losses at the G. L. Pit site. <br />11. To assure that depletions from groundwater evaporation do not occur in the unforeseen <br />event, or events, that would lead to the abandonment of the pit, a bond for $148,500.00 <br />through DRMS for lining or backfilling of the pit has been obtained. Therefore, in case of <br />abandonment the bond can finance the completion of the lining of the pit or the backfilling, <br />thus preventing depletions to the stream system. <br />12. 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 <br />such, water quality data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />13. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any pending <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />involving other plans, or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />