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<br />Michelle Hatcher <br />June 17, 2009 <br />Page 4 <br />11. 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 />12. 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 />13. All deliveries of replacement water shall be measured in a manner acceptable to <br />the Division Engineer. <br />14. A financial warranty in the form of a bond for $86,867, which is sufficient to pay for <br />reclamation of the area disturbed by mining, should be obtained through the <br />Division of Reclamation, Mining and Safety. Therefore, in the event that the <br />operator and/or landowner fail to obtain a water court decreed plan for <br />augmentation sufficient to replace depletions from the exposed ground water <br />surface in the pit, the bond can finance the backfilling or lining of the pit. <br />15. 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 />16. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as defense in <br />any water court case or any other legal action that may be initiated concerning the <br />substitute water supply plan. This decision shall not bind the State Engineer to act <br />in a similar manner in any other applications involving other plans or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of <br />fact or conclusions of law contained herein, or with the engineering methodologies <br />used by this applicant.