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Cheryl Signs, P.E. <br />Kurtz Pit, DRMS-1999-006 <br />Page 4 <br />13. If reclamation of the mine site will produce a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court <br />at least three 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, replacement of <br />lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this <br />plan does not imply approval by this office of any such court application(s). <br />14. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is <br />continuously dewatered, the water returned to the stream system should be adequate to offset the <br />depletions attributable to the dewatering operation. If dewatering at the site ceases, the delayed <br />depletions must be addressed. At least three years prior to completion of dewatering, a plan must <br />be submitted that specifies how the post pumping dewatering depletions (including refilling of the <br />pit) will be replaced, in time, place and amount. <br />15. To assure that depletions from groundwater evaporation do not occur in the unforeseen event, or <br />events, that would lead to the abandonment of the pit, a bond for $58,800.00 through DRMS for <br />lining or backfilling of the pit has been obtained. Therefore, in case of abandonment the bond can <br />finance the completion of the lining of the pit or the backfilling, thus preventing depletions to the <br />stream system. <br />16. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other water rights has or will occur as a result of this plan. Should this substitute water <br />supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all excavation of product from below the water table, and all other use of water at the <br />pit, must cease immediately. <br />17. In accordance with amendments to Section §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 if this substitute water <br />supply plan is of a quality to meet requirements of use to which the senior appropriation receiving <br />the substitute supply has normally been put. As such, water quality data or analyses may be <br />requested at any time to determine if the requirement of use of the senior appropriator is met. <br />18. The decision of the state engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any pending water court <br />case or any other legal action that may be initiated concerning this plan. This decision shall not <br />bind the state engineer to act in a similar manner in any other applications involving other plans, <br />or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact <br />or conclusions of law contained herein, or with the engineering methodologies used by the <br />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 />Kevin G. Rein, P.E. <br />Assistant State Engineer