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Jacob Bauer, Martin and Wood <br />July 2, 2009 <br />Page 4 <br />water deliveries must be provided to the Water Commissioner <br />(John.VanOort@state.co.us) and Division Engineer (Div2Ground.Wat1er@state.co.us) on <br />forms and at times acceptable to them. Said accounting must be received by the 10th of <br />the month following the month being reported. The accounting provided with your <br />application on the attached Table 3 is subject to modification and approval by the <br />Division Engineer. All amounts shall be in acre-feet. <br />12. The name, mailing address, and phone number of the contact person who is responsible <br />for operation and accounting of this plan must be provided on the accounting forms. <br />13. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />the landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 2 Water Court at least three (3) years prior <br />to the completion of mining, to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions from mining and dewatering shall continue until there is no longer an effect on <br />stream flow. <br />14. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as :a result of this <br />plan. <br />15. 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 water at the pit must cease <br />immediately. <br />16. 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 this substitute water supply plan is of a quality to meet requirements of <br />use to which the senior appropriation receiving the substitute supply has normally <br />been put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirement of use of the senior appropriator is met. <br />17. 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 a defense <br />in any water court case or any other legal action that may be initiated concerning <br />the substitute water supply plan. This decision shall not bind the State Engineer to <br />act 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 the Applicant.