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Jeffrey Clark <br />RMCC Combined SWSP - AMENDMENT <br />June 7, 2012 <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior <br />to the completion of mining to include, but not be limited to, Tong -term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. If a renewal of <br />this SWSP is required (that includes the Ready Mixed Pit No. 1) the Applicant must <br />demonstrate to the State Engineer's office that they have commenced backfilling <br />of the pond; commenced lining of the pond; have obtained an agreement with <br />Brighton regarding lining of the pond; or are diligently negotiating to obtain an <br />agreement with Brighton. <br />13. Reclamation of the North Tower Pit produced a permanent water surface exposing <br />groundwater to evaporation, therefore an application for a plan for augmentation was <br />filed with the Division 1 Water Court in Case No. 1990CW39. The approval of this plan <br />does not imply a position by our office on any litigation associated with case no. <br />1990CW39 or any other case. If a renewal of this SWSP is required (that includes <br />the North Tower Pit) the Applicant must include information that describes what <br />steps they have taken towards obtaining a final decree in case no. 1990CW39, to <br />assure that the court application continues to progress through the court process. <br />14. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. <br />15. In accordance with amendments to §25 -8- 202(7), C.R.S., and "Senate Bill 89 -181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />whether 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 />16. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />pending water court case or any other legal action that may be initiated concerning this <br />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other plans, or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact Joanna Williams in <br />Denver at (303) 866 -3581 or Jonathan Hernandez in Greeley at (970) 352 -8712. <br />Attachments: Tables 1A and 1B <br />Sincerely, <br />eatherage, P.E. <br />of Water Supply <br />Page 6 of 7 <br />