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Mr. Richard Raines <br />G.L. Pit Substitute Water Supply Plan (DRMS# M-81-022) <br />October 7, 2008 <br />Page 3 <br />completely backfilled and the lagged depletions to the stream system have ceased. A copy <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 />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 no <br />longer an effect on stream flow. Approval of this substitute water supply plan does not <br />relieve the Applicant and/or the landowner of the requirement to obtain a water court decree <br />approving a permanent plan for augmentation or mitigation to ensure the permanent <br />replacement of all depletions, including long-term evaporation losses and lagged depletions <br />after gravel mining has ceased. Renewal'of this plan is contingent on the Applicant <br />demonstrating that the backfilling of the site has continued or contingent upon the <br />Applicant filing an application for a plan for augmentation with the Division 1 Water <br />Court by October 31, 2009 that includes, long-term evaporation losses at the G. L. Pit <br />site. <br />10. 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 />11. 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 />12. 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.