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Kimberly K. Frick <br />September 22, 2008 <br />Page 5 <br />15. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement <br />to obtain 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 losses <br />and lagged depletions after gravel mining operations have ceased. If reclamation of the mine <br />site will produce a permanent water surface exposing groundwater to evaporation, an <br />application for a plan for augmentation must be filed with the Division 1 Water Court at least <br />three (3) years prior to the completion of mining to include, but not be limited to, long-term <br />evaporation losses and lagged depletions. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. <br />16. 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 attributable to the dewatering operation. Once <br />dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, <br />dewatering is required to continue during the term of this approval. At least three years <br />prior to completion of dewatering, a plan must be submitted that specifies how the post <br />pumping dewatering depletions (including refilling of the pit) will be replaced, in time, <br />place and amount. <br />17. 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 <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all diversions under this plan must <br />cease immediately. <br />18. A financial warranty in the form of a bond for $115,400, which is sufficient to pay for <br />reclamation of the area disturbed by mining, has been obtained through the Division of <br />Reclamation, Mining and Safety. Therefore, in the event that the operator and/or <br />landowner fail to obtain a water court decreed plan for augmentation sufficient to replace <br />depletions from the exposed ground water surface in the pit, the bond can finance the <br />backfilling or lining of the pit. <br />19. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules <br />and Regulations adopted on February 4, 1992, the State Engineer shall determine if the <br />substitute supply is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substituted supply has normally been put. As such, water <br />quality data or analyses may be requested at any time to determine if the requirements of <br />use of the senior appropriator are met. <br />20. The decision of the State Engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as defense in any water <br />court case or any other legal action that may be initiated concerning the substitute water <br />supply plan. This decision shall not bind the State Engineer to act in a similar manner in <br />any other applications involving other plans or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by this applicant.