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Todd Williams Page 4 <br />December 19, 2011 <br />9. The name, address and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided with the accounting form to the division <br />engineer and water commissioner. <br />10. Adequate accounting of depletions and replacements must be provided to the division engineer <br />in Greeley (Div1Accountinq(cr�state.co.us) and the water commissioner (Jason Smith at <br />Jason.Smith2state.co.us) on a monthly basis. The accounting form provided with your <br />application is subject to modification and approval by the division engineer. All amounts shall be <br />in acre -feet. <br />11. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other vested water rights has or will occur as a result of this plan. Should this <br />substitute water supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all excavation of product from below the ground water table <br />and all other use of water at the pit must cease immediately. <br />12. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit <br />is continuously dewatered, the water returned to the stream system should be adequate to offset <br />the depletions. However, once dewatering at the site ceases the delayed depletions must be <br />addressed. This SWSP projects dewatering to cease December 1, 2012. Dewatering shall not <br />cease prior to December 1, 2012 without an amendment to the SWSP. <br />13. Meter readings showing the dewatering volume must be submitted monthly as a part of the <br />required SWSP accounting. <br />14. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of <br />Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply <br />with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations <br />for the protection of water resources. Jake Kauffman and Son, Inc holds a bond in the amount <br />of $570,000 to cover the cost of lining and reclamation activities. This bond is required to be in <br />place until the two liners are approved by the State Engineer's Office and until DRMS authorizes <br />their release, or a partial release. <br />15. The approval of this substitute water supply plan does not relieve the Applicant and /or the <br />landowner of the requirement to obtain a water court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />long -term evaporation losses and lagged depletions after gravel mining has ceased. If <br />reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three (3) years prior to the completion of mining to include, but not be limited to, <br />long -term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Granting of this plan <br />does not imply approval by this office of any such court application(s). <br />16. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute <br />supply is of a quality to meet requirements of use to which the senior appropriation receiving the <br />substituted supply has normally been put. As such, water quality data or analysis may be <br />requested at any time to determine if the requirements of use of the senior appropriator are met. <br />17. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any pending water <br />court case or any other legal action that may be initiated concerning this plan. This decision <br />shall not bind the state engineer to act in a similar manner in any other applications involving <br />other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any <br />