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{ Y <br />Ms. Michelle L. Hatcher <br />March 27, 2009 <br />Page 3 <br />6. Due to a change in administration of evaporation from ground water exposed to the atmosphere <br />prior to 1981, pre-1981 credits will no longer be allowed for gravel pits which exposed ground water <br />to the atmosphere prior to 1981 and were actively mined on or after January 1, 1981. Accordingly, <br />evaporative depletions for such gravel pits will need to be replaced from the entire surface area of <br />the ground water exposed in the pits. Therefore, no evaporation credit will be claimed in this SWSP <br />for the 6 acres exposed prior to January 1, 1981. <br />7. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water may <br />be used must first be approved by this office. <br />8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As <br />a condition of subsequent renewals of this substitute water supply plan, the replacement water must <br />be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter <br />should be recorded with the county clerk and recorder. All replacement water must be concurrent with <br />depletions in quantity, timing and locations. <br />9. The name, address and phone number of the contact person who will be responsible for the operation <br />and accounting of this plan must be provided with the accounting form to the division engineer and <br />water commissioner. <br />10. Adequate accounting of depletions and replacement must be provided to the division engineer and the <br />water commissioner on a monthly basis or other interval acceptable to both of them. The accounting <br />form is subject to modification and approval by the division engineer. All amounts shall be in acre- <br />feet. <br />11. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br />12. This substitute water supply plan may be revoked or modified at any time should it be determined that <br />injury to other vested water rights has or will occur as a result of this plan. Should this plan expire <br />without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of <br />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 Court <br />at least three (3) years prior to the completion of mining to include, but not be limited to, long-term <br />evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall <br />continue until there is no longer an effect on stream flow. Granting of this plan does not imply approval <br />by this office of any such court application(s). <br />14. 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 substitute <br />supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data <br />or analysis may be requested at any time to determine if the water quality is appropriate for <br />downstream water users. <br />15. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any <br />presumptions, shift the burden of proof, or serve as a defense in any pending water court case or any <br />other legal action that may be initiated concerning this plan. This decision shall not bind the state