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Mr. Paul Bruss <br />October 28, 2015 <br />Page 5 of 6 <br />prior to the completion of mining to include, but not be limited to, long-term <br />evaporation losses and lagged depletions. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on <br />stream flow. Granting of this plan does not imply approval by this office of any such <br />court application(s). <br />12. This SWSP may be revoked or modified at any time should it be determined that injury <br />to other vested water rights has occurred or will occur as a result of the operation of <br />this SWSP. Should this SWSP expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all use of water under this SWSP <br />must cease immediately. <br />13. 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 whether or not the substitute supply is of a quality to meet requirements of <br />use to senior appropriators. As such water quality data or analysis may be requested <br />at any time to determine if the water quality is appropriate for downstream water <br />users. <br />14. 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 />the pending water court case or any other legal action that may be initiated <br />concerning the SWSP. This decision shall not bind the State Engineer to act in a <br />similar manner in any other applications involving other SWSPs or in any proposed <br />renewal of this SWSP, 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 Caleb Foy of this office or Charlie DiDomenico <br />in our Division 2 office in Pueblo at (719) 542-3368. <br />Sincerely, <br />,V.1) ,,,,,,7 <br />Jeff Deatherage, P.E. <br />Chief of Water Supply <br />Attachments: <br />Figure 1 <br />Tables 1 - 3 <br />August 1, 2015 Water Lease Agreement <br />cc: Steven J. Witte, Division 2 Engineer (via email) <br />Bill Tyner, Division 2 Assistant Engineer (via email) <br />Lonnie Spady, District 17 Water Commissioner (via email) <br />Charlie DiDomenico, Augmentation Coordinator (via email) <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us <br />