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Upper Poudre Combined SWSP <br />June 26, 2015 <br />Page 10 of 11 <br />19. The North Taft Hill Expansion Site has been continuously dewatered. As long as the pit is <br />continuously dewatered, the water returned to the stream system should be adequate to <br />offset the depletions, thus dewatering is required to continue during the term of this plan. <br />Once dewatering at this site ceases or is reduced in its flow, the river will experience a net <br />depletion as the pit gradually fills. At least three years prior to completion of dewatering, a <br />plan must be submitted that specifies how the post pumping dewatering depletions will be <br />replaced, in time, place and amount. The post pumping analysis shall use the meter data <br />from the dewatering totalizing flow meter. <br />20. If dewatering of the North Taft Hill Expansion Site is discontinued, the pit would fill creating <br />additional depletions to the stream system due to increased evaporation. To assure that <br />additional depletions to the river do not occur, a bond for $470,124 for lining or backfilling of <br />the lakes has been obtained through the DRMS. Therefore, if the dewatering is discontinued <br />at the North Taft Hill Expansion Site, this bond can finance the completion of the lining of the <br />pit or the backfilling, thus preventing depletions to the stream system. <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 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 <br />all other use of water at the pit, must cease immediately. <br />22. In accordance with amendments to 5 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 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 <br />data or analyses may be requested at any time to determine if the requirement of use of the <br />senior 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 <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />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 />If you have any questions concerning this approval, please contact Sarah Brucker in Denver at <br />(303) 866-3581 or Michael Hein in Greeley at (970) 352-8712. <br />Sincerely, <br />Jeff Dea rage, P.E. <br />Chief of Water Supply <br />