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Jared Dains Page 4 <br />November 20, 2008 <br />by the Division Engineer (a proposed accounting form is attached). Flow rates . <br />shall be reported in cfs, volumes shall be reported in acre-feet. <br />8. The approval of this substitute water supply plan does not relieve the applicant <br />and/or the landowner of the requirement to obtain a Water Court decree approving <br />a permanent plan for augmentation or mitigation to ensure the permanent <br />replacement of all depletions, including long-term evaporation losses and lagged <br />depletions after gravel mining operations have ceased. If reclamation of the mine <br />site will produce a permanent water surface exposing groundwater to evaporation, <br />an application for a plan for augmentation must be filed with the Division 2 Water <br />Court at least three (3) years prior to the completion of mining, to include, but not <br />be limited to, long-term evaporation losses and lagged depletions. If a lined pond <br />results after reclamation, replacement of lagged depletions from mining and <br />dewatering shall continue until there is no longer an effect on stream flow. <br />9. This substitute water supply plan may be revoked or modified at any time should it <br />be determined that injury to other vested water rights has or will occur as a result of <br />this plan. Should this substitute water supply plan expire without renewal or be <br />revoked prior to adjudication of a permanent plan for augmentation, all diversions <br />under this plan must cease immediately. <br />10. Replacement water shall be made available to cover all out-of-priority depletion in <br />time, place, and amount and shall be made available under the direction and/or <br />approval of the Water Commissioner. The replacement water that is the subject of <br />this plan cannot be sold or leased to any other entity. As a condition of subsequent <br />renewals of this substitute water supply plan, the replacement water must be <br />appurtenant to this site until a plan for augmentation is obtained. A copy of this <br />approval letter should be recorded with the county clerk and recorder. All <br />replacement water must be concurrent with depletions in quantity, timing and <br />locations. <br />11. All deliveries of replacement water shall be measured in a manner acceptable to <br />the Division Engineer. <br />12. A financial warranty in the form'of a bond for $86,867 provided by Pioneer's <br />original M-1977-174 mining permit, which is sufficient to pay for reclamation of the <br />pond, has been obtained through the Division of Reclamation, Mining and Safety. <br />Therefore, in the event that the operator and/or landowner fail to obtain a water <br />court decreed plan for augmentation sufficient to replace depletions from the <br />exposed ground water surface in the pond, the bond can finance the backfilling or <br />lining of the pond. <br />13. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 <br />Rules and Regulations adopted on February 4, 1992, the State Engineer shall <br />determine if the substitute supply is of a quality to meet requirements of use to <br />which the senior appropriation receiving the substituted supply has normally been <br />put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirements of use of the senior appropriator are met. <br />14. The decision of the State Engineer shall have no precedential or evidentiary force, <br />`a