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Angela Aldred, P.E. Page 4 February 13, 2013 9. The approval of this substitute water supply does not relieve the applicant and /or 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 after the gravel mining operations have ceased. Application for a decree should be made three years prior to the completion of mining with the intent of obtaining a decreed plan by the completion of mining. Approval of this substitute supply plan does not imply a position by this office on any related litigation. 10. A request for renewal of this plan must be submitted with the statutory fee then in effect at least 90 days prior to the date of expiration (January 1, 2014). 11. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. 12. 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. Once dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to continue during the terms of this approval. 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. If dewatering of the site is discontinued, the pit would fill and cause additional depletions to the stream system due to increased evaporation. Therefore, the $226,196 bond must continue to be held with the Division of Reclamation, Mining and Safety to line or backfill the ponds if dewatering is discontinued. 13. 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 whether or not 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. 14. The applicant shall, upon contacting DRMS and agreeing on a plan for compliance which addresses the site's permanent replacement needs, submit said plan to this office by March 31, 2013. 15. Acceptance of these conditions shall be assumed unless a letter to the contrary is received by this office, the Division Engineer (310 E. Abriendo, Suite B, Pueblo, CO 81004), and the Water Commissioner (Pete Kasper) within two weeks of your receipt of this letter.