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Angela Aldred, P. E. Page 3 <br />May 21, 2012 <br />5. Releases of water by the Lower Arkansas Valley Water Conservancy District <br />pursuant to this plan shall be under the approval of the Division Engineer and the <br />Augmentation Coordinator and shall equal or exceed the depletions to be <br />replaced on a monthly basis. <br />6. Accounting of water in this plan, including excavated area, area of actual <br />groundwater exposure, pumping, stream depletions, and replacement water <br />deliveries must be provided to the Water Commissioner <br />(Peter. Kasper @state.co.us) and Division Engineer <br />(Div2Ground.Water @state.co.us) on forms and at times acceptable to them. <br />Said accounting must be received by the 10th of the month following the month <br />being reported. The name, mailing address, and phone number of the contact <br />person who is responsible for operation and accounting of this plan must be <br />provided on the accounting forms. <br />7. The approval of this substitute water supply does not relieve the applicant and /or <br />landowner of the requirement to obtain a Water Court decree approving a <br />permanent plan for augmentation or mitigation to ensure the permanent <br />replacement of all depletions, including long -term evaporation losses after the <br />gravel mining operations have ceased. Application for a decree should be made <br />three years prior to the completion of mining with the intent of obtaining a <br />decreed plan by the completion of mining. <br />8. This substitute water supply plan may be revoked or modified at any time should <br />it be determined that injury to other water rights has or will occur as a result of <br />this plan. <br />9. The decision of the State Engineer shall have no precedential or <br />evidentiary force, shall not create any presumptions, shift the burden of <br />proof, or serve as a defense in any water court case or any other legal <br />action that may be initiated concerning the substitute water supply plan. <br />This decision shall not bind the State Engineer to act in a similar manner in <br />any other applications involving other plans or in any proposed renewal of <br />this plan, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />10. Acceptance of these conditions shall be assumed unless a letter to the <br />contrary is received by this office, the Division Engineer (310 E. Abriendo, <br />Suite B, Pueblo, CO 81004), and the Water Commissioner (Pete Kasper) <br />within two weeks of your receipt of this letter. <br />Please contact Caleb Foy of this office or Justin Zeisler, Augmentation <br />Coordinator, in Pueblo at (719) 542 -3368, if you have any questions concerning <br />this approval. <br />