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MAY. 16.2006 2~52PM LEONARD RICE ENGRS N0.312 P. Si? <br />Michelle L, Austin ahd Darla Oiron, P.f:. Page 4 <br />Mays, Zoos <br />e. The name, address and phone number of a contact person why will bQ r~aponsible for the <br />.,,,. ~ opQrotton and aaoounting of thla plan must be provided on the aaour>sing forma to the <br />Division Engineer and Water Commissioner. <br />9. The approval of this substitute water supply plan does not rolteve the Applir~nt and/or the <br />• landowner of the requlrerrrerrt tD obtain a Water Court decree apptovipg a pemnenerrt plan <br />for augmentatton or mitigation to ensure the permanent replacement of aN depie#ivns, <br />including long-term eveporetivn Ivssee and lagged depletions after gravel mining <br />operations have oeesed. If redametlon of the mine site will prvduce a permanent water <br />surtace exposing groundwater to evaporation, an application for a plan for eugmrsntatian <br />must be filed with the Division 1 Water Court at least three (3) years pMOr to the <br />completion of mining, to tnolude, but not be limited to, long-term evaporation lasses and <br />lagged depletions. ff a Ilned pond results after redamaitlon, roplacement of lagged <br />depletions from mining end dewetering shall continue until there is no longer an effect on <br />stream flow. <br />10, Thls substltttte water supply plan maybe rovoked Or modified at any tlme should n be <br />determined that Injury to of erveste water rights has or will occur ae s result of this plan. <br />11. Should this substitute water supply plan explro without lenewal or ba revoked prior to <br />adjudication of a permanent plan for augmentation, all exCevation of pnxluot from below <br />the water table, and all other use of water et the pit, must cease immediately, <br />12. Conveyance Ives fvr delivery of augrnentatlon water to the South Platte River is subject to <br />assessment ar~d modification as determined by the division engineer. <br />13. Dewatering at this efts will produce delayed depletions tv the stream system. As lone as <br />'-' the pit is continuously dewatsred, the water returned to the sttaam system should be <br />adequate to offset the depletions. However, once dewetering at the efts ceases the <br />delayed deplet<ons must be addressed. At least three years prior to completion of <br />dewatering. a plan must be submltled that spedtles how the post pumping dewatering <br />depletions will bs replaced. in time. place and amount. <br />14. The replacement water that is the subject of thts plan cannot be sold or leased to any <br />other entity, As a oonditbn of subsequent renewals of this substliute water supply plan, <br />the replacement water must be appurtenant to this alts until a plan for augmentatlon Is <br />obtained. A copy of this approval letter should be recorded with the county clerk and <br />rocorder. All repiaeement•watermust beconcurrentwith depletions in quantity, timing and <br />Iocationr3. <br />16. In aaordance with enrendntsnte bo §2f-8-202(7), C.R.S., end 9enats Pill 89-181 Rules <br />and Regulations adopted on February X4,1992, the State Engineer shall detemnlne H the <br />supstitute supply is of a quaNty to meet requirements of use in which the senior <br />appropriation reosNhrg the substituted supply he6 nom~aily been put. As such, water <br />quality data or analyses maybe requested at any time to determine If the requirements of <br />use of the senior appropriator are met. <br />16. The deds(on oT the State Engineer shall have no preoedentfal or evldentlary force. shag <br />not create any presumptlvns, shift the burden of proof. or serve as defame In any water <br />court cane or any other legal aotlon that may be inftieted conoemin$ the substitute water <br />supply plan. This decision shat not bind the Stale Engineer to set in a similar nrenner In <br />~..- any other appll~tians involNng other plans or kf any proposed renewal of the plan. and <br />shall not imply concurrence with any findings of tact or condusivne of law contained <br />herein, or with the engineering methodologies used by this applicant. <br />Bfrtt-d !00/S00'd f98-! 88~E:988E064 ~o~~~a~•a ~^stM ~o X10 °1~-ViObd f0=91 80-8i-1~~ <br />