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Mr. Andy Rodriguez, P.E. <br />April 18, 2011 <br />Page 5 of 6 <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior <br />to the completion of mining to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. <br />13. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately. <br />14. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions attributable to the dewatering operation. If dewatering at <br />the site ceases, the delayed depletions must be addressed. At least three years prior to <br />completion of dewatering, a plan must be submitted that specifies how the post pumping <br />dewatering depletions (including refilling of the pit) will be replaced, in time, place and <br />amount. <br />15. To assure that depletions from groundwater evaporation do not occur in the unforeseen <br />event, or events, that would lead to the abandonment of the pit, a bond for $1,013,500.00 <br />through DRMS for lining or backfilling of the pit has been obtained. Therefore, in case of <br />abandonment the bond can finance the completion of the lining of the pit or the <br />backfilling, thus preventing depletions to the stream system. <br />16. In accordance with amendments to Section §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 determine if <br />this substitute water supply plan is of a quality to meet requirements of use to which the <br />senior appropriation receiving the substitute supply has normally been put. As such, water <br />quality data or analyses may be requested at any time to determine if the requirement of use <br />of the senior appropriator is met. <br />17. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any water <br />court case or any other legal action that may be initiated concerning the substitute water <br />supply plan. This decision shall not bind the State Engineer to act in a similar manner in <br />any other applications involving other plans or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant. <br />Should you have any questions, please contact Sarah Reinsel of this office or Claudia <br />Engelmann in Greeley at (970) 352-0742. <br />Sincerely, <br />dZVU,WA PO <br />(?Wlstant G. Rein, P.E. <br />State Engineer