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Mr. Jared Dains, E.I. <br />November 2, 2010 <br />Page 6 of 7 <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions (including refilling the pit) will be replaced, in time, place and amount. <br />16. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br />Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining <br />operators must comply with the requirements of the Colorado Reclamation Act and the <br />Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 <br />letter from DRMS requires that you provide information to DRMS to demonstrate you <br />can replace long term injurious stream depletions that result from mining related <br />exposure of ground water. The DRMS letter identifies four approaches to satisfy this <br />requirement. If the information you are providing to DRMS is included under the <br />approaches numbered 1 - 3, a copy of that information needs to also be provided to <br />this office (the Division of Water Resources). <br />If the information you are providing to DRMS is pursuant to approach no. 4, you will <br />need to provide additional documentation to this office that specifies what water rights <br />or other permanent water source will be dedicated to the SWSP to assure that all <br />permanent depletions from either an unforeseen abandonment of the site by the <br />Applicant or as a result of long term ground water exposure after completion of mining <br />and reclamation will be replaced so as to prevent injury to other water rights. <br />This information must be provided to this office by April 30, 2011. If the requested <br />information is not provided to the Division of Water Resources, any future SWSP may <br />limit the mining operation so that additional ground water cannot be exposed, beyond <br />that specified in this SWSP. <br />17. This SWSP 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 this SWSP. Should this SWSP expire <br />without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all <br />use of ground water must cease immediately. <br />18. In accordance with amendments to §25-8-202(7), CO.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 />19. 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 pending water <br />court case or any other legal action that may be initiated concerning this plan. This decision <br />shall not bind the state engineer to act in a similar manner in any other applications involving <br />other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any <br />findings of fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant.