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Peter Wayland <br />November 18, 2014 <br />Page 7 <br />1. Adapted from EVAPOTRANSPIRATION AND AGRONOMIC RESPONSES IN FORMERLY <br />IRRIGATED MOUNTAIN MEADOWS, South Park, Colorado, March 1, 1990; Revised September 1, <br />1991 <br />14. This substitute water supply plan may be revoked, or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. Should this <br />substitute water supply plan expire without renewal or be revoked prior to adjudication of a <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 loana Comaniciu of this office or Michael Hein of <br />our Division office in Greeley at (970) 352 -0742. <br />Sincerely, <br />Jeff eath rag , E. <br />Chief ater Supply <br />Attachments: Figure 2, Tables Al. 1, AI.3 and AI.4 <br />Affidavit for dedication of water rights <br />City of Loveland Lease <br />Administration Protocol Augmentation Plan Accounting, Division One — South Platte River <br />Dry-up Protocol <br />cc: Michael Hein, Water Resource Engineer (810 9th Street, Ste. 200, Greeley, CO 80631, (970) 352 -8712) <br />George Roark, Water Commissioner, District 4 (810 9th Street, Ste. 200, Greeley, CO 80631 (970) 290- <br />7397) <br />Division of Reclamation Mining and Safety <br />JD/TLK/IDC <br />