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Cheryl Signs, P.E. <br />Durham Pit, DRMS-1978-056 <br />Page 6 <br />February 14, 2011 <br />In addition, the Applicant shall submit a report from the entity making replacements; for this plan, <br />that entity is the Varra Companies, Inc. ("VCI"). The report shall include an accounting of all of the <br />Rural Ditch water and junior water right water controlled by VCI, showing the total volume of water <br />under its control and the amount committed to each of the recipients of the water. <br />13. The name, mailing address, and phone number of the contact person who will be responsible for <br />operation and accounting of this SWSP must be provided on the accounting forms to the division <br />engineer and water commissioner. <br />14. If reclamation of the mine site will produce a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court <br />at least three years 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, replacement of <br />lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this <br />SWSP does not imply approval by this office of any such court application(s). <br />15. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is <br />continuously dewatered, the water returned to the stream system should be adequate to offset the <br />depletions attributable to the dewatering operation. Once dewatering at the site ceases, the <br />delayed depletions must be addressed. Accordingly, dewatering is required to continue during the <br />term of this approval. At least three years prior to completion of dewatering, a plan must be <br />submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) <br />will be replaced, in time, place and amount. <br />16. To assure that depletions from ground water evaporation do not occur in the unforeseen event, or <br />events, that would lead to the abandonment of the pit, the Applicant has dedicated five (5) shares of <br />the Greeley Canal No. 3 and Fossil Creek Reservoir, four (4) shares of the Rural Ditch Company and <br />portion of water rights decreed in case no. 2001 CW274 as replacement water to this gravel pit as <br />replacement water solely to this SWSP for as long as there are depletions at this gravel pit site or until <br />such time as another replacement source is obtained. A copy of the affidavit dated November 1, 2010 <br />is attached to this letter. For the purposes of this SWSP, this affidavit will be accepted for the <br />dedication of the shares; however, if the State Engineer determines that a different affidavit or <br />dedication process is necessary to assure proper dedication of the shares, additional <br />information may be required prior to future SWSP approvals. <br />17. This SWSP may be revoked or modified at any time should it be determined that injury to other water <br />rights has or will occur as a result of this plan. Should this SWSP expire without renewal or be <br />revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. <br />18. In accordance with amendments to Section §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 if this substitute water <br />supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the <br />substitute supply has normally been put. As such, water quality data or analyses may be requested <br />at any time to determine if the requirement of use of the senior appropriator is met. <br />19. 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 case <br />or any other legal action that may be initiated concerning this SWSP. This decision shall not bind <br />the state engineer to act in a similar manner in any other applications involving other SWSPs, or in <br />any proposed renewal of this SWSP, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies used by the Applicant.