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Jared Dains Page 13 <br />South Platte Combined Replacement Plan <br />April 2, 2009 <br />12. Dewatering at the pits will produce delayed depletions to the stream system. As long as the <br />pit is continuously dewatered, the water returned to the stream system should be adequate <br />to offset the depletions caused by dewatering. However, once dewatering at the site <br />ceases, the delayed depletions must be addressed. At least three years prior to completion <br />of mining, a plan must be submitted that specifies how the post pumping dewatering <br />depletions (including refilling of the pit) will be replaced in time, place and amount. <br />13. Approval of this plan is for the purposes as stated herein. This office must first <br />approve any additional uses for which the water may be used. <br />14. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />landowner of the requirement to obtain a Water Court decree approving a permanent plan <br />for augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and lagged depletions after gravel mining operations <br />have ceased. If reclamation of the mine sites will produce a permanent water surface <br />exposing groundwater to evaporation, an application for a plan for augmentation must be <br />filed with the Division 1 Water Court at least three (3) years prior to the completion of <br />mining to include, but not be limited to, long-term evaporation losses and lagged depletions. <br />If a lined pond results after reclamation, replacement of lagged depletions shall continue <br />until there is no longer an effect on stream flow. According to the plan, mining has ceased <br />at the Teti Pit, North Dahlia Pit, Jeronimus Pit, Platte Valley Pit, Stegner Pit, and F-Street <br />Pit. Since mining has ceased at these sites, either the lakes must be lined or backfilled, or <br />an application for a plan of augmentation for the site must be filed with the water court. In <br />addition all lagged depletions shall continue to be replaced under a SWSP until there is no <br />longer an effect on stream flow or a court approved augmentation plan is approved by the <br />water court. <br />15. 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 <br />the Division Engineer. <br />16. This plan may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this plan. Should <br />this substitute water supply plan expire without renewal or be revoked prior to adjudication <br />of a permanent plan for augmentation, all use of ground water must cease immediately. <br />17. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether <br />the substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />18. 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 <br />case or any other legal action that may be initiated concerning the substitute water supply <br />plan. This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other plans or in any proposed renewal of this plan, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant.