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Mr. Rick Parsons, P.E. L.G. Everist Combined SWSP Amendment 1 Page 9of9 May 28, 2013 reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 15. Dewatering at the Lohmann Pit, Rinn Valley Pit, and Lupton Meadows Pit 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. A plan that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount along with the evaporation from groundwater exposed at the sites after the dewatering stops was presented in the proposed plan. 16. Future SWSPs will not be approved unless dewatering operations use a totalizing flow meter to quantify monthly dewatered volumes. After March 31, 2012, the operator cannot claim credit for dewatering accretions that exceed lagged dewatering depletions unless a totalizing flow meter is installed. 17. Water shall not be impounded in any lined reservoirs except pursuant to lawful diversions allowed by statute or decree, or this SWSP. At all other times, all inflow of water into the reservoirs from any source, including precipitation and ground water inflows, shall be removed by the applicant. The water may be removed from within the lined area and returned to the stream system through surface flow or ground water recharge without need for replacement, so long as the operator does not put the water to beneficial use. 18. 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. 19. 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 Dean Santistevan in Greeley at (970) 352 -8712. Sincerely, v✓ eatherage, P.E. Chief of Water Supply Attachments: Tables 8 and 11 Dry -up Agreements Administration Protocol — Augmentation Plan Accounting, Division 1 — South Platte River cc: Dean Santistevan, Assistant Division Engineer, dean.santistevan(a)state.co.us 810 9`h Street, 2 "d Floor, Greeley, Colorado 80631, 970 - 352 -8712