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Jared Dains <br />South Platte Combined Replacement Plan <br />March 21, 2011 <br />Page 16 <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 1 Water Court at least three (3) years <br />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, <br />replacement of lagged depletions shall continue until there is no longer an effect on <br />stream flow. According to the plan, mining has ceased at the Teti Pit, North Dahlia <br />Pit, Jeronimus Pit, Platte Valley Pit, and F-Street Pit. Since mining has ceased at <br />these sites, either the lakes must be lined or backfilled, or an application for a plan of <br />augmentation for the site must be filed with the water court. In addition all lagged <br />depletions shall continue to be replaced under a SWSP until there is no longer an <br />effect on stream flow or a court approved augmentation plan is approved by the water <br />court. <br />19. The name, address, and phone number of a contact person who will be responsible for the <br />operation and accounting of this plan must be provided to the Water Commissioner(s) and <br />the Division Engineer. <br />20. This plan 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 the operation of this plan. Should <br />this substitute water supply plan expire without renewal or be revoked prior to adjudication <br />of a permanent plan for augmentation, all use of ground water must cease immediately. <br />21. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether <br />the 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 />22. 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 water court <br />case or any other legal action that may be initiated concerning the substitute water supply <br />plan. This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other plans or in any proposed renewal of this plan, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />Should you have any further comments or questions, please contact Claudia Engelmann, <br />Assistant Division Engineer, in Greeley at 970-352-8712 or loana Comaniciu of this office. <br />Sincerely, <br />Kevin . Rein, P.E. <br />ssis nt State Engineer