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Ms. Julia Keedy <br />June 6, 2012 <br />Page 5 <br />the permanent replacement of all depletions, including long -term evaporation losses after <br />the gravel mining operations have ceased. Application for an augmentation plan should be <br />made three years prior to the completion of mining with the intent of obtaining a decreed <br />plan by the completion of mining. Approval of this substitute supply plan does not imply a <br />position by this office on any related litigation. <br />14. This substitute water supply plan shall have no precedential or evidentiary force, and does <br />not constitute an admission or statement of position in any other proceeding. This plan <br />shall not be construed as concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the applicant. <br />15. Additional SWSPs are required until a court decreed plan for augmentation is obtained or <br />the pits are back - filled. Should a request for renewal of this plan be needed, such renewal <br />request must be submitted to this office with the statutory fee (currently $257) at least 90 <br />days prior to the expiration date of this plan. Plan request submitted after the expiration of <br />the approved SWSP may be subject to the provisions of C.R.S. § 37- 90- 137(11)(e) and the <br />statutory fee of $1593 shall apply. Any renewal requests should provide an analysis of any <br />un- replaced depletions from operations between the last approved plan in 2010 through the <br />time period up to this plan approval and make accommodations to provide replacement <br />water to make up any un- replaced depletions in the next plan period. <br />16. This plan 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 the operation of this plan. <br />17. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all ground water pumping and mining of <br />product from below the ground water table must cease immediately. <br />18. In accordance with amendments to C.R.S. § 25 -8- 202(7) and "Senate Bill 89 -181 Rules <br />and Regulations" adopted on February 4, 1992, the state engineer shall determine whether <br />or not 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. Acceptance of these conditions shall be assumed unless a letter to the contrary is received <br />by this office, the Division Engineer (Steve Witte, 310 E. Abriendo, Suite B, Pueblo CO <br />81004), and the Water Commissioner (Brian Sutton) within two weeks of your receipt of this <br />letter. <br />Should you have any questions, please contact Caleb Foy of this office or Justin Zeisler, <br />Augmentation Coordinator, in our Division 2 office in Pueblo at (719) 542 -3368. <br />Sincerely, <br />Heidi Frey, P.E. <br />Water Resource Engineer <br />