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Paul Flack Page 3 <br />February 21, 2012 <br />3. Before withdrawing ground water and putting it to beneficial use, the applicant must acquire a <br />SWSP or court approved plan for augmentation allowing such use. <br />4. Reporting of daily accounting parameters shall be provided to the Water Commissioner, Jeff <br />Montoya (Jeff.Montoya @state.co.us) on a weekly basis for the duration of this 90 -day emergency <br />SWSP plan period. <br />5. All diversions shall be measured in a manner acceptable to the Division Engineer. The Applicant <br />shall install and maintain such measuring devices as required by the Division Engineer for <br />operation of this SWSP and measuring devices shall be verified for accuracy in accordance with <br />the Amended Rules Governing the Measurement of Tributary Ground Water Diversions Located <br />in the Arkansas River Basin. <br />6. Replacement water shall be made available to cover all out -of- priority depletions in time, place, <br />and amount and shall be made available under the direction and /or approval of the Water <br />Commissioner. <br />7. Replacement water shall be delivered in accordance with the State Engineer's September 1, <br />2011 Amended Approval of an Administrative Exchange — New Elk Mine. All conditions of said <br />approval shall be complied with, except for Condition #6, which is being covered under this <br />emergency SWSP. <br />8. This SWSP may be revoked or modified at any time should it be determined that injury to other <br />vested water rights has occurred or will occur as a result of the operation of this SWSP. Should <br />this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, diversion and pumping of water under this SWSP must cease immediately. <br />9. 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 the pending water <br />court case or any other legal action that may be initiated concerning the SWSP. This decision <br />shall not bind the State Engineer to act in a similar manner in any other applications involving <br />other SWSP or in any proposed renewal of this SWSP, and shall not imply concurrence with any <br />findings of fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />Should you have any questions or comments, please contact Justin Zeisler in Pueblo at (719) <br />542 -3368 or Caleb Foy in this office. <br />Attachments (4) <br />cc: Steve Witte, Division 2 Engineer (via email) <br />Jeff Montoya, District 19 Water Commissioner (via email) <br />KGR/crf. NECC 2012 308(7).docx <br />Sincerely, <br />Kevin G. Rein, P.E. <br />Deputy State Engineer <br />