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Mr. Richard T. Raines Page 5 <br />January 28, 2009 <br />commissioner, division engineer and the state engineer in a report dated July 13, 1990 as part of <br />the documentation process. <br />12. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other vested water rights has or will occur as a result of this plan. Should this supply <br />plan expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />13. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three years prior to the completion of mining to include, but not be limited to, long- <br />term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Lafarge West, Inc. has <br />obtained a decreed storage right for the Home Office Pit and North Taft Hill Expansion Site in <br />case no. 92CW157. An application for a storage water right at the Overland Ponds Site was also <br />filed in case no. 2001 CW251 and is currently pending. Granting of this plan does not imply <br />approval by this office of any such court application(s). <br />14. Overland Ponds Site Pit and Home Office Pit have been continuously dewatered. Dewatering at <br />these sites will produce delayed depletions to the stream system. As long as the pits are <br />continuously dewatered, the water returned to the stream system should be adequate to offset the <br />depletions, thus dewatering is required to continue during the term of this plan. Once dewatering <br />at the sites cease, the delayed depletions must be addressed, including depletions resulting from <br />the gradual refilling of the pit. At least three years prior to completion of dewatering at the <br />Overland Ponds Site and Home Office Pit, a plan must be submitted that specifies how the post <br />pumping dewatering depletions will be replaced, in time, place and amount. <br />15. If the dewatering of these sites is discontinued, the pits would fill creating additional depletions to <br />the stream system due to increased evaporation. To assure that additional depletions to the river <br />do not occur, a bond for $1,984,000 for the Overland Ponds Site and $117,600 for the Home <br />Office Pit through DRMS for lining or backfilling of the lakes has been obtained. Therefore, if the <br />dewatering is discontinued these bonds can finance the completion of the lining of these pits or <br />the backfilling, thus preventing depletions to the stream system. <br />16. To assure that depletions from groundwater evaporation at the North Taft Hill Expansion Site do <br />not occur in the unforeseen event, or events, that would lead to the abandonment of the pit, a <br />bond for $470,124 through DRMS for lining or backfilling of the pit has been obtained. Therefore, <br />in case of abandonment the bond can finance the completion of the lining of the pit or the <br />backfilling, thus preventing depletions to the stream system. <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 such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <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