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Mr. Rick Parsons, P.E. <br />L.G. Everist Combined Replacement Plan <br />April 19, 2010 <br />Page 8 of 9 <br />11. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other vested water rights has or will occur as a result of this plan. Should this supply <br />plan expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />12. If reclamation of the mines at the gravel pit sites included in this SWSP produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for augmentation <br />must be filed with the Division 1 Water Court at least three years prior to the completion of mining <br />to include, but not be limited to, long-term evaporation losses. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an effect on <br />stream flow. <br />13. Dewatering at the Lohmann Pit, Rinn Valley Pit, Fort Lupton Pit and Lupton Meadows Pit will <br />produce delayed depletions to the stream system. As long as the pits are continuously dewatered, <br />t? a water returned to the stream system should be adequate to offset the depletions. However, <br />once dewatering at the sites cease, the delayed depletions must be addressed. A plan that <br />specifies how the post pumping dewatering depletions (including refilling of the pit) will be <br />replaced, in time, place and amount along with the evaporation from groundwater exposed at the <br />sites after the dewatering stops was presented in the proposed plan. <br />14. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and <br />Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />15. The decision of the state engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any pending water court <br />case or any other legal action that may be initiated concerning this plan. This decision shall not <br />bind the state engineer to act in a similar manner in any other applications involving other plans, <br />or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact <br />or conclusions of law contained herein, or with the engineering methodologies used by the <br />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 />Sincerely, <br />A9604 a/ <br />Kevin ..Rein, P.E. <br />ssi ant State Engineer <br />Attachments: Tables 4.1, 8 and 11 <br />Varra Companies, Inc. Water Lease