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Mr. Jared Dains . <br />November 23, 2010 <br />Page 7 <br />14. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1Accountin4 Mstate.co.us) and the water commissioner (George <br />Varra at George.Varra(&-state.co.us) on a monthly basis or other interval acceptable to both <br />of them. The accounting form provided with your application is subject to modification and <br />approval by the division engineer. All amounts shall be in acre-feet. <br />15. This SWSP 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 this SWSP. Should this SWSP <br />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 />16. If reclamation of the mine site produces a permanent water surface exposing groundwater <br />to evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three (3) years prior to the completion of mining to include, but not be <br />limited to, long-term evaporation losses. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. Granting of this SWSP does not imply approval by this office of any such court <br />application(s). <br />17. The Bucklen Pit has been continuously dewatered. As long as the pit is continuously <br />dewatered, the water returned to the stream system should be adequate to offset the <br />depletions, thus dewatering is required to continue during the term of this plan. Once <br />dewatering at this site ceases, the river will experience a net depletion as the pit gradually <br />fills. At least three years prior to completion of dewatering, a plan must be submitted that <br />specifies how the post pumping dewatering depletions (including refilling the pit) will be <br />replaced, in time, place and amount. <br />18. 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 <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 />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 <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />involving other SWSPs, or in any proposed renewal of this SWSP, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant.