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Mr. Todd Williams, P.E. <br />April 21, 2014 <br />Page 5 of 6 <br />Lining the pit as currently proposed will prevent a significant amount of post - pumping <br />depletions as the pit will not refill with ground water; however in the post pumping depletion <br />analysis the applicant must include any water lost from the alluvial aquifer outside of the liner <br />perimeter. <br />19. Dewatering monthly meter readings must continue to be reported on the submitted accounting. <br />As long as the meter readings are demonstrating a continuously dewatered condition, the <br />operator may continue to assume that the water returned to the stream system is adequately <br />offset by the depletions attributable to the dewatering operation. <br />20. Dewatering shall not be discontinued without an amendment to this SWSP detailing how the <br />additional depletions to the stream system will be replaced. To assure that additional <br />depletions to the river do not occur, the Applicant has obtained a bond through DRMS in 2008 <br />for $328,445 which includes lining or backfilling the SerFer pit. The Applicant is required to <br />maintain this bond until the pit is adequately lined or backfilled, and all lagged stream <br />depletions have been replaced. <br />21. 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 plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below the <br />water table, and all other use of water at the pit, must cease immediately <br />22. In accordance with amendments to S 25 -8- 202(7), C.R.S., and "Senate Bill 89 -181 Rules and <br />Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to which the senior appropriators <br />receiving the substitute supply has normally been put. As such, water quality data or analysis <br />may be requested at any time to determine if the requirement of use of the senior <br />appropriator is met. <br />23. 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 pending water <br />court case or any other legal action that may be initiated concerning this plan. This decision <br />shall not bind the state engineer to act in a similar manner in any other applications involving <br />other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any <br />findings of fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />If you have any questions concerning this approval, please contact Michael Hein, Assistant Division <br />Engineer, in Greeley at (970) 352 -8712 or Sarah Brucker in Denver at (303) 866 -3581. <br />Sincerely, <br />-5o <br />Je' DY g P.E., <br />Chief Supply <br />Attachments: Tables 1, 2, and 3 <br />City of Fort Collins Lease <br />Augmentation Plan Accounting Protocol <br />