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Mr. Peter Foster, P.E. December 24, 2012 DeBeque Pit (M2011 -054) SWSP Page 5 during a free river period, or an amendment to the SWSP must be requested and approved to include additional replacement water to offset the volume of water required to fill the pit during the call period. 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. 13. The approval of this substitute water supply plan does not relieve the Applicant and /or the landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long -term evaporation losses and lagged depletions after gravel mining operations have' ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 5 Water Court at least three (3) years prior to the completion of mining, to include, but not be limited to, long -term evaporation losses and lagged depletions. If a Tined pond results after reclamation, replacement of lagged depletions from mining and dewatering shall continue until there is no longer an effect on stream flow. 14. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. In accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained for $423,630.40 through the Division of Reclamation, Mining, and Safety ( "DRMS ") to assure that depletions from groundwater evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the Pit or if dewatering ceases. 15. This SWSP may be revoked or modified at any time should it be determined that injury to other vested water rights has occurred or will occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table and all other use of water at the pit must cease immediately. 16. In accordance with amendments to CRS 25 -8- 202(7) and Senate Bill 89 -181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute supply is of a quality to meet requirements of use to which the senior appropriation receiving the substituted supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirements of use of the senior appropriator are 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 SWSP. This decision shall not bind the