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Mr. Jared Dains May 11, 2011 Page 8 13. The amount and location of the dry-up of the irrigated acreage associated with the applicant's 5.75 shares of the Taylor and Gill Ditch was documented and approved by the division engineer and water commissioner. According to an affidavit dated November 23, 2010, the Applicant dedicated the 5.75 shares of the Taylor and Gill Ditch as replacement water solely to this plan for as long as there are depletions at these gravel pit sites or until such time as another replacement source is obtained. For the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State Engineer determines that a different affidavit or dedication process is necessary to assure proper dedication of the shares, additional information may be required prior to future SWSP approvals. 14. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. Should this supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately. 15. If reclamation of the mine site produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Lafarge West, Inc. has obtained a decreed storage right for the Home Office Pit and North Taft Hill Expansion Site in case no. 92CW157. An application for a storage water right at the Overland Ponds Site was also filed in case no. 2000CW251 and is currently pending. Granting of this plan does not imply approval by this office of any such court application(s). 16. The Overland Ponds Site Pit, Home Office Pit, and North Taft Hill Expansion Site Pit have been continuously dewatered. Dewatering at these sites will produce delayed depletions to the stream system. As long as the pits are continuously dewatered, the water returned to the stream system should be adequate to offset the depletions, thus dewatering is required to continue during the term of this plan. Once dewatering at the sites cease, the delayed depletions must be addressed, including depletions resulting from the gradual refilling of the pit. At least three years prior to completion of dewatering at the Overland Ponds Site Pit, Home Office Pit, and North Taft Hill Expansion Site Pit, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling the pit) will be replaced, in time, place and amount. 17. in accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 18. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any pending water court case or any other legal action that may be initiated concerning this plan. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any