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Jared Dains <br />South Platte Combined Replacement Plan <br />December 21, 2009 <br />Page 14 <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, and F- Street Pit. Since <br />mining has ceased at these sites, either the lakes must be lined or backfilled, or an <br />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. <br />Should you have any further comments or questions, please contact Dave Nettles, <br />Assistant Division Engineer, in Greeley at 970 - 352 -8712 or loana Comaniciu of this office. <br />Sincerely, <br />Kevi G. Rein, P.E. <br />Ass' tant State Engineer <br />