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Mr. Andy Rodriguez, P.E. Bestway's Brighton Combined SWSP December 12, 2012 Page 5 of 5 14. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. If dewatering at the site ceases, the delayed depletions must be addressed. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount. 15. To assure that depletions from groundwater evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the pits, the applicant, through DRMS, holds a bond in the amount of $974,000.00 for the Parker - Dersham Pit and $711,750.00 for the Baseline Pit for lining or backfilling of the pit has been obtained. Therefore, in case of abandonment the bond can finance the completion of the lining of the pit or the backfilling, thus preventing depletions to the stream system. 16. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and "Senate Bill 89 -181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 17. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. Should you have any questions, please contact Joanna Williams of this office or Jonathan Hernandez of our Division office in Greeley at (970) 352 -0742. Sincerely, eathera e, P.E. of Water Supply Attachments: Tables 1 & 3 City of Aurora Lease Administration Protocol "Augmentation Plan Accounting, Division One — South Platte River" cc: Jonathan Hernandez, Water Resource Engineer, jonathan .hernandezastate.co.us 810 9th Avenue, Suite 200, Greeley, Colorado 80631, (970)- 352 -8712 William Schneider, Water Commissioner District 2, william.schneiderRstate.co.us 810 9 Avenue, Suite 200, Greeley, Colorado 80631, (970) 381 -0828 Division of Reclamation, Mining and Safety JD /JMH /Approval_2013 Parker Dersham_Baseline.docx