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Mr. Heintz & Ms. Wynne <br />Duckworth SWSP <br />January 27, 2014 <br />Page 7 of 7 <br />15. The Applicant is required to maintain their DRMS permit and an adequate bond to cover <br />their reclamation plan until there are no longer lagged depletions hitting the river, a <br />suitable augmentation plan is obtained, or another party assumes full augmentation <br />responsibilities. The Applicant has a current bond of $1,603,000 to account for the <br />possible need of backfilling or lining the pit. <br />16. 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. In <br />addition, lack of timely accounting may prevent proper administration, which may lead to <br />revocation or modification of this plan. <br />17, 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 />18. 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 />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other plans or in any proposed renewal of this <br />plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />Should you have any questions, please contact Joanna Williams of this office Michael Hein <br />of our Division office in Greeley at (970) 352 -8712. <br />Sincerely, <br />Jeff eatherage, P.E. <br />C Ile of Water Supply <br />Attachments: Tables 1, 2, 3, 7 and 8 <br />Figure 2 <br />Division 1 Augmentation Station Criteria and Augmentation Plan Accounting protocols <br />Cc Michael Hein, Water Resource Engineer, Michael. Hein(cDstate.co.us <br />810 9th Street, Suite 200, Greeley, CO 80631, (970) 352 -8712 <br />Shera Sumerford, Water Commissioner District 5, Shera Sumerford(o)state.co.us <br />Bob Carlson, Water Commissioner District 6, Bob. Carlson(@,state.co.us <br />Division of Reclamation, Mining and Safety <br />