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Mr. Ivan Geer May 3, 2013 <br />Gunnison River Gravel Pit Nos. 1 & 5 Substitute Water Supply Plan Page 6 of 7 <br />requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation to ensure the permanent replacement of all depletions, including long- <br />term evaporation losses and lagged depletions after gravel mining operations have <br />ceased. If reclamation of the mine site produces a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed <br />with the Division 4 Water Court at least three (3) years prior to the completion of <br />mining to include, but not be limited to, long -term evaporation losses and lagged <br />depletions. If a lined pond results after reclamation, replacement of lagged depletions <br />from mining and dewatering shall continue until there is no longer an effect on stream <br />flow. <br />14. In accordance with the letter dated April 30, 2010 (copy attached) from the <br />Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and <br />gravel mining operators must comply with the requirements of the Colorado <br />Reclamation Act and the Mineral Rules and Regulations for the protection of <br />water resources. The April 30, 2010 letter from DRMS requires that you provide <br />information to DRMS to demonstrate you can replace long term injurious <br />stream depletions that result from mining related exposure of ground water. <br />In accordance with approach nos. 1 and 3, a bond has been obtained for $88,767.00 <br />through the Division of Reclamation, Mining, and Safety ( "DRMS ") to assure that <br />depletions from groundwater evaporation do not occur in the unforeseen event, or <br />events, that would lead to the abandonment of the Pit. <br />15. This SWSP may be revoked or modified at any time should it be determined that <br />injury to other vested water rights has or will occur as a result of the operation of this <br />plan. Should this SWSP expire without renewal or be revoked prior to adjudication of <br />a permanent plan for augmentation, all excavation of product from below the water <br />table, and all other use of water at the pit, must cease immediately. <br />16. 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 which <br />the senior appropriation receiving the substituted supply has normally been put. As <br />such, water quality data or analyses may be requested at any time to determine if the <br />requirements of use of the senior appropriator are met. <br />17. 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 />SWSP. This decision shall not bind the state engineer to act in a similar manner in <br />any other applications involving other SWSPs or in any proposed renewal of this <br />SWSP, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by this applicant. <br />