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Mr. Jared Dains, E.I. Page 6 <br />November 16, 2011 <br />14. This SWSP 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 this SWSP. Should this SWSP <br />expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />15. If reclamation of the mine site produces a permanent'water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with <br />the Division 1 Water Court at least three (3) years prior to the completion of mining to <br />include, but not be limited to, Tong -term evaporation losses. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. Granting of this SWSP does not imply approval by this office of <br />any such court application(s). <br />16. Dewatering at this site is not expected to occur at this site during the SWSP approval <br />period therefore dewatering shall not occur at the site unless the Applicant obtains an <br />amended SWSP to account for any dewatering depletions or additional operational <br />depletions at the site. <br />17. In accordance with the letter dated April 30, 2010 (copy attached) from the <br />Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and <br />gravel mining operators must comply with the requirements of the Colorado <br />Reclamation Act and the Mineral Rules and Regulations for the protection of water <br />resources. The April 30, 2010 letter from DRMS requires that you provide <br />information to DRMS to demonstrate you can replace long term injurious stream <br />depletions that result from mining related exposure of ground water. The DRMS <br />letter identifies four approaches to satisfy this requirement. If the information you <br />are providing to DRMS is included under the approaches numbered 1 — 3, a copy <br />of that information needs to also be provided to this office (the Division of Water <br />Resources). <br />Your SWSP renewal request indicates that approach 1 or 3 will be pursued, and <br />that new bonds are pending. The State Engineer's Office will limit the mining <br />operation so that additional ground water cannot be exposed until sufficient <br />bonds, as determined by DRMS, have been posted. <br />18. 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 />19. 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 />pending water court case or any other legal action that may be initiated concerning this <br />SWSP. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other SWSPs, or in any proposed renewal of this SWSP, 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 />