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Richard T. Raines <br />March 27, 2009 <br />Page 6 <br />in time, place and amount. The Applicant is hereby notified that if dewatering at any of the <br />sites included in this plan occurs only during the summer months and the pond is allowed <br />to fill during the winter months the depletions that will have an effect on the stream as a <br />result of refilling the pit, must be addressed in any subsequent SWSP renewal for this pit. <br />8. Approval of this plan is for the purposes as stated herein. This office must first approve any <br />additional uses for which the water may be used. <br />9. The approval of this substitute water supply plan does not relieve the Applicant and/or landowner <br />of the requirement to obtain a Water Court decree approving a permanent plan for augmentation <br />or mitigation to ensure the permanent replacement of all depletions, including long-term <br />evaporation losses and lagged depletions after gravel mining operations have ceased. , If <br />reclamation of the mine sites 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 <br />Court at least three (3) years prior to the completion of mining to include, but not be limited to, <br />long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream flow. <br />According to the plan mining has ceased at the Fort Lupton. Since mining has ceased at this <br />site, either the lakes must be lined or backfilled or an application for a plan of augmentation for <br />the site must be filed with the water court. In addition all lagged depletions shall continue to be <br />replaced under a SWSP until there is no longer an effect on stream flow or a court approved <br />augmentation plan is approved by the water court. The Applicant was required to demonstrate <br />that prior to further plan approvals the Fort Lupton site was being lined or backfilled or <br />that an application for a plan of augmentation has been filed with the water court. <br />According to the information provided the Fort Lupton site is call a "permitted reserve" <br />therefore depending on the economic conditions mining may start anytime. <br />10. The name, address, and phone number of a contact person who will be responsible for the <br />operation and accounting of this plan must be provided to the Water Commissioner(s) and the <br />Division Engineer. <br />11. This plan may be revoked or modified at any time should it be determined that injury to other <br />vested water rights has or will occur as a result of the operation of this plan. <br />12. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all use of ground water must cease <br />immediately. <br />13. 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 water court case <br />or any other legal action that may be initiated concerning the substitute water supply 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 concurrence <br />with any findings of fact or conclusions of law contained herein, or with the engineering <br />methodologies used by the Applicant.