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Mr. William G. Merrill March 10, 2011 <br />Gunnison River Gravel Pit Nos. 1 & 5 Substitute Water Supply Plan Page 6 of 7 <br />amount of water used for each particular purpose. The applicant shall provide a report <br />of these records to the Division Engineer, Bob Hurford, and Water Commissioner, <br />Lynne Bixler (both at PO Box 456, Montrose, CO, 81402, telephone 970-249-6622), on <br />a monthly basis, or other interval acceptable to both of them. The accounting must be <br />submitted within five (5) calendar days of the end of the month for which the <br />accounting is being made. The applicant shall also provide an annual report to the <br />division engineer and the water commissioner by November 15th, which summarizes <br />diversions and replacements made pursuant to this SWSP. Accounting forms are <br />subject to modification and approval by the division engineer. Flowrates shall be <br />reported in cfs, volumes shall be reported in acre-feet. <br />14. The approval of this SWSP does not relieve the Applicant and/or the landowner of the <br />requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation to ensure the permanent replacement of all depletions, including long- <br />term evaporation losses and lagged depletions after gravel mining operations have <br />ceased. If reclamation of the mine site produces a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed <br />with the Division 4 Water Court at least three (3) years prior to the completion of <br />mining to include, but not be limited to, long-term evaporation losses and lagged <br />depletions. If a lined pond results after reclamation, replacement of lagged depletions <br />from mining and dewatering shall continue until there is no longer an effect on stream <br />flow. <br />15. 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 <br />the Mineral Rules and Regulations for the protection of water resources. The April <br />30, 2010 letter from DRMS requires that you provide information to DRMS to <br />demonstrate you can replace long term injurious stream depletions that result from <br />mining related exposure of ground water. The DRMS letter identifies four approaches <br />to satisfy this requirement. This information is to be provided to DRMS by April 30, <br />2011. A copy of the information provided to DRMS needs to also be provided to this <br />office (the Division of Water Resources). If the requested information is not provided <br />to the Division of Water Resources, any future SWSP may limit the mining operation <br />so that additional ground water cannot be exposed, beyond that specified in this <br />SWSP. <br />16. This SWSP may be revoked or modified at any time should it be determined that <br />injury to other vested water rights has or will occur as a result of the operation of this <br />plan.. Should this SWSP expire without renewal or be revoked prior to adjudication of <br />a permanent plan for augmentation, all excavation of product from below the water <br />table, and all other use of water at the pit, must cease immediately. <br />17. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 <br />Rules and Regulations. adopted on February 4, 1992, the state engineer shall <br />determine if the substitute supply is of a quality to meet requirements of use to which <br />the senior appropriation receiving the substituted supply has normally been put. As <br />such, water quality data or analyses may be requested at any time to determine if the <br />requirements of use of the senior appropriator are met. <br />18. The decision of the state engineer shall have no precedential or evidentiary force,