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Jesse Lee SWSP Pit Page 4 <br />January 8, 2013 <br />information to DRMS to demonstrate you can replace long term injurious stream <br />depletions that result from mining related exposure of ground water. <br />In accordance with approach nos. 1 and 3, you have indicated that a bond has <br />been obtained for $32,000 through the Division of Reclamation, Mining, and Safety <br />( "DRMS ") to assure that depletions from groundwater evaporation do not occur in <br />the unforeseen event, or events, that would lead to the abandonment of the Pit. <br />11. This substitute water supply plan may be revoked or modified at any time should it <br />be determined that injury to other vested water rights has or will occur as a result of <br />this plan. Should this substitute water supply plan expire without renewal or be <br />revoked prior to adjudication of a permanent plan for augmentation, all excavation <br />of product from below the water table, and all other use of water at the pit, must <br />cease immediately. <br />12. In accordance with amendments to §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 <br />determine if the substitute supply is of a quality to meet requirements of use to <br />which the senior appropriation receiving the substituted supply has normally been <br />put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirements of use of the senior appropriator are met. <br />13. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as defense in <br />any water court case or any other legal action that may be initiated concerning the <br />substitute water supply plan. This decision shall not bind the State Engineer to act <br />in a similar manner in any other applications involving other plans or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of <br />fact or conclusions of law contained herein, or with the engineering methodologies <br />used by this applicant. Any appeal of a decision made by the State Engineer <br />concerning a SWSP pursuant to C.R.S. §37 - -90- 137(11) shall be to the Division 2 <br />water judge within thirty days of the date of this decision and shall be consolidated <br />with the application for approval of the plan for augmentation. <br />Please contact loana Comaniciu in Denver at (303) 866 -3581, or Charlie <br />DiDomenico in Pueblo at (719) 542 -3368, if you have any questions concerning this <br />approval. <br />Sincerely, <br />Heidi Frey, P.E. <br />Water Resource Engineer <br />