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Mr. Raul Passerini, P.E. <br />June 24, 2015 <br />Page 10 <br />replacement of lagged depletions from mining and dewatering shall continue until <br />there is no longer an effect on stream flow. <br />21. In accordance with amendments to Section §25-8-202-(7), C.R.S. and Senate Bill 89- <br />181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall <br />determine if this SWSP 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 <br />quality data or analyses may be requested at any time to determine if the requirement <br />of use of the senior appropriator is met. <br />22. This SWSP may be revoked or modified at any time should it be determined that injury <br />to other water rights has or will occur as a result of this SWSP. Should this SWSP expire <br />without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all excavation of product from below the water table, and all other use <br />of water at the pit, must cease immediately. <br />23. 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 pending water court case or any other legal action that may be initiated <br />concerning this plan. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other SWSPs, or in any proposed renewal of <br />this SWSP, and shall not imply concurrence with any findings of fact or conclusions of <br />law contained herein, or with the engineering methodologies used by the Applicant. <br />Should you have any comments or questions, please contact Alan Martellaro at 970- <br />945-5665 or loana Comaniciu in this office at 303-866-3581. <br />Sincerely, <br />IV _b_Z'4e� <br />Jeff Deatherage, P.E. <br />Chief of Water Supply <br />Enclosures: Tables 1, 2, 3, 5, 6, 7, 9, 10, 11, 12, 13, 14, B-1 and B-2 <br />Figures A-3, A-4 and A-5 <br />Affidavit of dedication of water right <br />Dry -up affidavit <br />DRMS letter <br />cc: Alan Martellaro, Division Engineer, Division 5 <br />Troy Wineland, Water Commissioner, District 36 <br />Division of Reclamation, Mining and Safety <br />JD/idc/Maryland Creek SWSP 15-16.doc <br />