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Steve Nguyen <br />May 14, 2008 <br />14. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />landowner of the requirement to obtain a Water Court decree approving a permanent plan <br />for augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and lagged depletions after gravel mining operations <br />have ceased. If reclamation of the mine site will produce a permanent water surface <br />exposing groundwater to evaporation, an application for a plan for augmentation must be <br />filed with the Division 1 Water Court at least three (3) years prior to the completion of <br />mining to include, but not be limited to, long-term evaporation losses and lagged depletions. <br />If a lined pond results after reclamation, replacement of lagged depletions shall continue <br />until there is no longer an effect on stream flow. <br />15. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions. However, once dewatering at the site ceases the <br />delayed depletions must be addressed. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions will be replaced, in time, place and amount. <br />16. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. Should <br />this substitute water supply plan expire without renewal or be revoked prior to adjudication <br />of a permanent plan for augmentation, all excavation of product from below the water table, <br />and all other use of water at the pit, must cease immediately. <br />17. 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 />18. 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 water court <br />case or any other legal action that may be initiated concerning the substitute water supply <br />plan. This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other plans or in any proposed renewal of this plan, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at <br />(970) 352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />~~ <br />Jeff Deatherage, P.E. <br />Water Resource Engineer <br />Attachments: Figure 1 and Table 5 <br />SVLH-Lease <br />