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J <br />3 <br />Sira W. Sartori <br />October 27, 2009 <br />Page 5 <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 />As mentioned in the previous SWSP approval and based on previous information received <br />from the Applicant the Fort Lupton Pit site (M-85-088) is a "permitted reserve site" <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. <br />If you have any questions concerning this approval, please contact loana Comaniciu in Denver at <br />(303) 866-3581 or Dave Nettles in Greeley at (970) 352-8712. <br />4Sin ely, Q , <br />G. Rein, P.E. <br />nt State En gineer <br />Attachments: Figure 1, Tables 1 and 2 <br />City of Aurora Lease <br />cc: Dave Nettles, Assistant Division Engineer (810 9th Street, 2nd Floor, Greeley, Colorado 80631, 970- <br />352-8712) <br />Scott Edgar, Water Commissioner District 2, 1735 Dolores River Drive, Windsor, CO 80550, 970- <br />686-0628 <br />Division of Reclamation Mining and Safety