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Mr. Jared Dains Lafarge Middle Poudre Combined SWSP March 29, 2012 Page 7 be required prior to future SWSP approvals. 15. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. Should this supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately. 16. If reclamation of the mines at the Three Bells Pit and Kyger Pit sites produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three years prior to the completion of mining to include, but not be limited to, long -term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 17. Dewatering at the East Rigden, Kyger, and Three Bells Pits will produce delayed depletions to the stream system. As long as the pits are continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the sites cease, the delayed depletions must be addressed. Once dewatering at the sites cease, the delayed depletions must be addressed, including depletions resulting from the gradual refilling of the pit. At least three years prior to completion of dewatering at the East Rigden, Kyger, or Three Bells Pits, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling the pit) will be replaced, in time, place and amount. Future SWSPs for these pits will not be approved until volumes pumped for dewatering are metered with a Totalizing Flow Meter. 18. In accordance with amendments to §25 -8- 202(7), C.R.S., and "Senate Bill 89 -181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 19. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any pending water court case or any other legal action that may be initiated concerning this 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 engineering methodologies used by the Applicant. If you have any questions concerning this approval, please contact Joanna Williams in Denver at (303) 866 -3581 or Jonathan Hernandez in Greeley at (970) 352 -8712. Sincerely, G. Rein, P.E. uty State Engineer Attachments: Tables 1, 3, 4, 6 Affidavit for dedication of Box Elder Ditch shares to this SWSP Lake Canal Reservoir Company Lease Platte River Power Authority Lease Augmentation Protocol "Augmentation Plan Accounting, Division One — South Platte River"