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Mr. Jared Dains Lafarge Middle Poudre Combined SWSP January 28, 2013 Page 8of8 17. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 18. Dewatering at the East Rigden, Kyger, and Three Bells Pits will produce delayed depletions to the stream system. As long as the pits are continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the sites cease, the delayed depletions must be addressed. Once dewatering at the sites cease, the delayed depletions must be addressed, including depletions resulting from the gradual refilling of the pit. At least three years prior to completion of dewatering at the East Rigden, Kyger, or Three Bells Pits, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling the pit) will be replaced, in time, place and amount. Totalizing Flow Meters have been installed on all dewatering operations and they must remain operational for the duration of dewatering. Additionally monthly dewatering volumes, as reported through each meter, must be included with the submitted accounting. 19. In accordance with amendments to §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 whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 20. 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 pending water court case or any other legal action that may be initiated concerning this 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. If you have any questions concerning this approval, please contact Joanna Williams in Denver at (303) 866 -3581 or Jonathan Hernandez in Greeley at (970) 352 -8712. Sinc -rely, igal5 V 3-ff eatherage, P.E. Chie of Water Supply Attachments: Tables 1 & 5 (revised 1/15/2013) Affidavit for dedication of Box Elder Ditch shares to this SWSP (November 23, 2011) City of Aurora Lease Augmentation Protocol "Augmentation Plan Accounting, Division One — South Platte River" cc: Jonathan Hernandez, Water Resource Engineer, jonathan.hernanderstate.co.us 810 9 Street, 2nd Floor, Greeley, Colorado 80631; (970)- 352 -8712 Mark Simpson, Water Commissioner District 3, mark.simpsonstate.co.us 951 Wheatridge Cir., Loveland, CO 80537; (970) 420 -9568 Division of Reclamation Mining and Safety JD /JMH/ Three Bells, Kyger, East Rigden (13).docx