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Andy Rodriguez September 26, 2011 Page 4 basis or other interval acceptable to both of the . The accounting form provided with your application is subject to modification and appro al by the division engineer. All amounts shall be in acre -feet. 12. The approval of this substitute water supply pla landowner of the requirement to obtain a Wate augmentation or mitigation to ensure the perm . long -term evaporation losses and lagged deple ceased. If reclamation of the mine site will pro• groundwater to evaporation, an application for Division 1 Water Court at least three (3) years not be limited to long -term evaporation losses after reclamation, replacement of lagged deplet effect on stream flow. 13. In accordance with the letter dated April 30, Division of Reclamation, Mining, and Safety operators must comply with the requiremen Mineral Rules and Regulations for the prote letter from DRMS requires that you provide i replace long term injurious stream depletio of ground water. The DRMS letter identifies If the information you are providing to DRM numbered 1 — 3, a copy of that information n Division of Water Resources). In accordance with approach nos. 1 and 3, obtained for $1,053,118.61 through the Divis ( "DRMS ") to assure that depletions from gr 14. This substitute water supply plan may be revok determined that injury to other water rights has substitute water supply plan expire without rene permanent plan for augmentation, all excavatio other use of water at the pit, must cease immed 15. In accordance with amendments to §25 -8 -202( Regulations adopted on February 4, 1992, the s substitute supply is of a quality to meet require water quality data or analysis may be requested appropriate for downstream water users. does not relieve the Applicant and /or Court decree approving a permanent plan for nent replacement of all depletions, including ions after gravel mining operations have uce a permanent water surface exposing plan for augmentation must be filed with the rior to the completion of mining to include, but nd lagged depletions. If a lined pond results ons shall continue until there is no longer an 010 (copy attached) from the Colorado "DRMS "), all sand and gravel mining s of the Colorado Reclamation Act and the tion of water resources. The April 30, 2010 formation to DRMS to demonstrate you can s that result from mining related exposure four approaches to satisfy this requirement. is included under the approaches eds to also be provided to this office (the ou have indicated that a bond has been on of Reclamation, Mining, and Safety undwater evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the Pit. d or modified at any time should it be r will occur as a result of this plan. Should this al or be revoked prior to adjudication of a of product from below the water table, and all ately. ), C.R.S., and Senate Bill 89 -181 Rules and ate engineer shall determine whether the ents of use to senior appropriators. As such, at any time to determine if the water quality is 16. The decision of the state engineer shall have n• precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiat -d concerning the substitute water supply 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 findings of fact or conclusions of law contained herein, or with the 1