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Mr. Forest Leaf, P.E. <br />February 22, 2010 <br />Page 4 <br />acceptable to both of them. The accounting form provided with your application is <br />subject to modification and approval by the division engineer. All amounts shall be in <br />acre-feet. <br />10. All diversions shall be measured in a manner acceptable to the Division Engineer. <br />The Applicant shall install and maintain such measuring devices as required by the <br />Division Engineer for operation of this SWSP. <br />11. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the Division Engineer and Water Commissioner. <br />12. The appal of this SWSP does not relieve the Applicant and/or landowner of the <br />requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and lagged depletions after gravel mining <br />operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing ground water to evaporation, an application for a plan for <br />augmentation must be filed with the Division 1 Water Court at least three (3) years <br />prior to the completion of mining to include, but not be limited to, long-term <br />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 <br />stream flow. <br />13. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />Should this SWSP expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all excavation of the product from below the water <br />table, and all other use of water at the pit, must cease immediately. <br />14. To assure that depletions from groundwater evaporation do not occur in the <br />unforeseen event, or events, that would lead to the abandonment of the pit, one share <br />of the Schneider Ditch is committed to be used to replace groundwater evaporation in <br />case of abandonment. The one share of the Schneider Ditch has an estimated 30 <br />acre-feet,'of historical net stream depletions. This substitute water supply plan may be <br />revoked at any time should it be determined that the one share of the Schneider Ditch <br />will be insufficient to make replacements for the Reese-Logan Pit site. <br />15. In accordance with amendments to Section §25-8-202-(7), C.R.S. and "Senate Bill 89- <br />181 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 use <br />to which the senior appropriation receiving the substitute supply has normally been put. <br />As such, water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />16. The decision of the State Engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />water court case or any other legal action that may be initiated concerning the SWSP. <br />This decision shall not bind the State Engineer to act in a similar manner in any other