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Mr. David Heintz <br />Duckworth SWSP <br />May 6, 2015 <br />Page 10 of 10 <br />river, a suitable augmentation plan is obtained, or another party assumes full <br />augmentation responsibilities. The Applicant has a current bond of $1,603,000 to <br />account for the 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 <br />prior to adjudication of a permanent plan for augmentation, all excavation of product <br />from below the water table, and all other use of water at the pit, must cease <br />immediately. In addition, lack of timely accounting may prevent proper <br />administration, which may lead to revocation or modification of this plan. <br />17. In accordance with amendments to 625-8-202(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 <br />to 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, <br />shall not create any presumptions, shift the burden of proof, or serve as a defense in <br />any water court case or any other legal action that may be initiated concerning the <br />substitute water supply plan. This decision shall not bind the State Engineer to act in a <br />similar manner in any other applications involving other plans or in any proposed <br />renewal of this plan, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies used by <br />the Applicant. <br />Should you have any questions, please contact loana Comaniciu of this office Michael <br />Hein of our Division office in Greeley at (970) 352-8712. <br />Sincerely, <br />,i <br />ff eatherage, P.E. <br />Chief of Water Supply <br />Attachments: Tables 1, 2, 3 <br />Figure 2 <br />Division 1 Augmentation Station Criteria and Augmentation Plan Accounting <br />protocols <br />Cc: Michael Hein, Water Resource Engineer, Michael.Hein@state.co.us <br />810 9« Street, Suite 200, Greeley, CO 80631, (970) 352-8712 <br />Shera Sumerford, Water Commissioner District 5, Shera.Sumerford@state.co.us <br />Bob Carlson, Water Commissioner District 6, Bob.Carlson@state.co.us <br />Division of Reclamation, Mining and Safety <br />