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East 8th Street Pit SWSP Page 5 of 5 <br />October 29, 2015 <br />the pit) will be replaced, in time, place and amount. <br />15. If dewatering of the site is discontinued, the pit would fill creating additional depletions to <br />the stream system due to increased evaporation. To assure that additional depletions to the <br />river do not occur, a financial warranty for $270,000 for lining or backfilling of the pit has <br />been obtained. Therefore, if the dewatering is discontinued this warranty can finance the <br />completion of the lining of this pit or the backfilling, thus preventing depletions to the stream <br />system. <br />16. 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 <br />this substitute water supply plan expire without renewal or be revoked prior to adjudication <br />of a permanent plan for augmentation, all excavation of product from below the water table, <br />and all other use of water at the pit, must cease immediately. <br />17. 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 substitute <br />water supply plan is of a quality to meet requirements of use to which the senior appropriation <br />receiving the substitute supply has normally been put. As such, water quality data or analyses <br />may be requested at any time to determine if the requirement of use of the senior appropriator <br />is met. <br />18. 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 <br />plan. 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 there be any further comments or questions, please contact Michael Hein in Greeley at <br />970-352-8712 or Sarah Brucker of this office. <br />Sincerely, <br />19,45t- Jef Dea erage, P. <br />Chief of Water Supply <br />Attachments: Figure 1 <br />Table 1 <br />City of Greeley September 24, 2015 letter <br />Administration Protocol "Augmentation Plan Accounting, Division One - South Platte <br />River" <br />Cc: Michael Hein, Assistant Division Engineer, Michael.Hein@state.co.us <br />810 9th Street, Ste. 200, Greeley, CO 80631, (970) 352-8712 <br />Mark Simpson, Water Commissioner, Water District 3, Mark.Simpson@state.co.us, (970) 420-9568 <br />Division of Reclamation Mining and Safety <br />TLK/srb: East 8th Approval 2015-16 <br />