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Rick Parsons <br />M &G SWSP <br />March 28, 2013 <br />Page 6 of 7 <br />10. Replacement of lagged depletions shall continue until there is no longer an effect on <br />stream flow. <br />11. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. <br />12. The operator holds a bond in the amount of $9,700 through DRMS to cover the cost of final <br />reclamation. This bond IS NOT sufficient to ensure backfilling or lining the pit to prevent <br />long term ground water exposure in the event the operator walks away from the site. In <br />order for this SWSP to be renewed, the Applicant must document what steps are <br />being taken with DRMS, and document DRMS's approval of the plan of action to <br />bring the site into compliance with the Colorado Reclamation Act and the Mineral <br />Rules and Regulations for protection of water resources. <br />13. If reclamation of the mine site will produce a permanent water surface exposing groundwater <br />to evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three years prior to the completion of mining to include, but not be <br />limited to, Tong -term evaporation losses and lagged depletions. If a lined pond results or the <br />site is completely backfilled after reclamation, replacement of lagged depletions shall <br />continue until there is no longer an effect on stream flow. Granting of this SWSP does not <br />imply approval by this office of any such court application(s). <br />14. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and Senate Bill 89- <br />181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of use <br />to which the senior appropriation receiving the substitute supply has normally been put. <br />As such, water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />15. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />pending water court case or any other legal action that may be initiated concerning this <br />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other plans, or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant. <br />