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Nelson Mining Resource SWSP <br />November 12, 2013 <br />Page 6 of 6 <br />permanent plan for augmentation, all excavation of product from below the water table, and all <br />other use of water at the pit, must cease immediately. <br />15. In accordance with amendments to Section §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 if this <br />substitute water supply plan is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substitute supply has normally been put. As such, water quality data <br />or analyses may be requested at any time to determine if the requirement of use of the senior <br />appropriator is met. <br />16. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any water court <br />case or any other legal action that may be initiated concerning the substitute water supply plan. <br />This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other plans or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />Should you have any questions, please contact Sarah Brucker of this office or Michael Hein of our <br />Division office in Greeley at (970) 352 -8712. <br />Sincerely, <br />i <br />DfDoatherage, P.E. <br />f Water Supply <br />Attachments: Tables All.1 and A1.7 <br />City of Longmont Lease <br />Administration Protocol Augmentation Plan Accounting, Division One — South Platte River <br />cc: Michael Hein, Assistant Division Engineer, DivlAccounting @state.co.us <br />Shera Sumerford, District 5 Water Commissioner, Shera.Sumerford(d_)state.co.us <br />Division of Reclamation Mining and Safety <br />JD /srb: Nelson Pit Approval Letter 2013 <br />