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Mr. Rob Laird <br />Speer Mining Resources SWSP <br />December 12, 2012 <br />Page 4of4 <br />10. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <br />11. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with <br />the Division 1 Water Court to include, but not be limited to, long -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. Granting of <br />this plan does not imply approval by this office of any such court application(s). Any <br />future SWSP request must specify the work done towards backfilling the site and identify <br />the future plans to eliminate evaporative depletions, such as continued backfilling or <br />lining of the site. <br />12. 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. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately. <br />13. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and Senate Bill 89- <br />181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of use <br />to which the senior appropriation receiving the substitute supply has normally been put. <br />As such, water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />14. 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 />Please contact Joanna Williams in Denver at (303) 866 -3581, or Jonathan Hernandez in <br />Greeley at (970) 352 -8712, if you have any questions concerning this approval. <br />Sincerely, <br />atherage, P.E. <br />of Water Supply <br />Attachments: Tables AI.3, AI.4, AI.7, AI.8 <br />City of Aurora lease and modifications <br />Accounting protocol <br />Cc: Jonathan Hernandez, Professional Engineer, Division 1, jonathan.hernanderstate.co.us <br />810 9th Street, Suite 200, Greeley, CO 80631 <br />Bill Schneider, Deputy Water Commissioner, Water District 2, William.Schneider(astate.co.us <br />810 9 Street, Suite 200, Greeley, CO 80631 <br />Division of Reclamation, Mining and Safety <br />JD /JMH: Speer Mining Pit 2013 -14 SWSP.doc <br />