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2 <br />50% <br />90% <br />3 <br />30 % <br />75% <br />4 <br />20% <br />50% <br />5 <br />15% <br />35% <br />6 <br />10% <br />20% <br />7 <br />5% <br />15% <br />8 <br />0% <br />10% <br />Jeffrey Clark <br />August 8, 2011 <br />Page 7 of 8 <br />1. Adapted from EVAPOTRANSPIRATION AND AGRONOMIC RESPONSES IN <br />FORMERLY IRRIGATED MOUNTAIN MEADOWS, South Parts, Colorado, March 1, 1990; <br />Revised September 1, 1991 <br />12. The approval of this substitute water supply plan does not relieve the Applicant and /or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long -term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <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 prior <br />to the completion of mining to include, but not be limited to, long -term evaporation losses <br />and lagged depletions. If a Tined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. If a renewal of <br />this SWSP is required (that includes the Ready Mixed Pit No. 1) the Applicant must <br />demonstrate to the State Engineer's office that they have commenced backfilling <br />of the pond; commenced lining of the pond; have obtained an agreement with <br />Brighton regarding lining of the pond; or are diligently negotiating to obtain an <br />agreement with Brighton. <br />13. Reclamation of the North Tower Pit produced a permanent water surface exposing <br />groundwater to evaporation, therefore an application for a plan for augmentation was <br />filed with the Division 1 Water Court in Case No. 1990CW39. The approval of this plan <br />does not imply a position by our office on any litigation associated with case no. <br />1990CW39 or any other case. If a renewal of this SWSP is required (that includes <br />the North Tower Pit) the Applicant must include information that describes what <br />steps they have taken towards obtaining a final decree in case no. 1990CW39, to <br />assure that the court application continues to progress through the court process. <br />14. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior <br />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 />15. 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 <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />16. 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 <br />