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Mr. Kathryn Cloutier <br />Worthing SWSP <br />June 5, 2012 <br />Page 4 <br />12. The approval of this SWSP does not relieve the Applicant and /or landowner of the requirement <br />to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to <br />ensure the permanent replacement of all depletions, including long -term evaporation losses <br />and lagged depletions after gravel mining operations have ceased. If reclamation of the mine <br />site will produce a permanent water surface exposing groundwater to evaporation, an <br />application for a plan for augmentation must be filed with the Division 1 Water Court at least <br />three (3) years prior to the completion of mining to include, but not be limited to, long -term <br />evaporation losses and lagged depletions. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. <br />13. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. Should <br />this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all excavation of the product from below the water table and all other use of <br />ground water at the pit must cease immediately. <br />14. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and "Senate Bill 89 -181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if <br />this substitute water supply plan is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substitute supply has normally been put. As such, water quality <br />data or analyses may be requested at any time to determine if the requirement of use of the <br />senior appropriator is met. <br />15. 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 water court <br />case or any other legal action that may be initiated concerning the SWSP. This decision shall <br />not bind the State Engineer to act in a similar manner in any other applications involving other <br />plans or in any proposed renewal of this plan, 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 />If you have any questions concerning this approval, please contact Jonathan Hernandez in <br />Greeley at (970) 352 -8712 or Joanna Williams in Denver at (303) 866 -3581. <br />Sin erely, <br />Jeff eatherage, P.E., <br />f of Water Supply <br />Attachments: Tables 1, 2, 3 <br />Figure 4 — Final Reclamation Plan <br />Aurora Water Lease (5/17/2011 as amended 5/22/2012) <br />Administration Protocol Augmentation Plan Accounting, Division One — South Platte River" <br />Cc: Jonathan Hernandez, Water Resource Engineer, Jonathan. Hernandez(cOstate.co.us <br />810 9t' Avenue, Suite 200, Greeley, Colorado 80631, (970)- 352 -8712 <br />Bill Schneider, Water Commissioner, Water District2, William. Schneidere- state.co.us <br />810 9t' Avenue, Suite 200, Greeley, Colorado 80631, (970)- 352 -8712 <br />Division of Reclamation Mining and Safety <br />JDlmh/Worthing SWSP Approval(2012).docx <br />