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Ben Langenfeld <br />Gloria Z Pit SWSP <br />June 19, 2013 <br />Page 5 <br />obtained a bond in the amount of $78,218, which includes the cost of backfilling the <br />ponds. <br />10. All releases of replacement water must be sufficient to cover all out -of- priority depletions <br />in time, place, and amount and must be made under the direction and /or the approval of <br />the water commissioner. <br />11. The name, address and phone number of the contact person who will be responsible for <br />the operation and accounting of this plan must be provided with the accounting form to <br />the division engineer and water commissioner. <br />12. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (DivlAccountinga- state.co.us) and the water commissioner (Garver <br />Brown at Garver. Browna-state.co.us) on a monthly basis. All amounts shall be in acre - <br />feet. All submitted accounting must conform to the Administration Protocol <br />"Augmentation Plan Accounting — Division One, South Platte Rive►" (attached). <br />13. This SWSP may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of this SWSP. Should this SWSP <br />expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />14. 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 with <br />the Division 1 Water Court at least three (3) years prior to the completion of mining to <br />include, but not be limited to, long -term evaporation losses. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. Granting of this SWSP does not imply approval by this office of <br />any such court application(s). <br />15. The Applicant has not proposed to dewater the site, therefore no dewatering shall be <br />allowed under this SWSP. <br />16. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules <br />and Regulations adopted on February 4, 1992, the state engineer shall determine <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />17. 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 SWSPs, or in any proposed renewal of this SWSP, <br />and 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 />Please contact Joanna Williams in Denver at (303) 866 -3581, or Dean Santistevan in <br />Greeley at (970) 352 -8712, if you have any questions concerning this approval. <br />Sincerely, <br />