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Mr. Jeffrey Clark <br />5/5/2009 <br />Page 4 <br />lined, prior to renewal of the SWSP the Applicant must demonstrate to the State <br />P -__`____I_ _u:__ that they have commenced backfilling _- lining of the pond <br />Engineer's office Uldl they IIaYC commenced UdGRrlUtrl� or lining yr the pond. <br />11. 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 this <br />SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all excavation of the product from below the water table, and all other use of <br />water at the pit, must cease immediately. <br />12. In accordance with amendments to Section §25-8-202-(7), C.R.S. and "Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if <br />this 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 />13. The decision of the State Engineer shall have not precedential or evidentiary force, shall not 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 SWSP. This decision shall <br />not bind the State Engineer to act in a similar manner in any other applications involving other <br />plans or in any proposed renewal of this plan, and shall not imply concurrence with any <br />findings of fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at <br />(970) 352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />Attachments: Tables 1 and 2 <br />City of Brighton Lease <br />G. Rein, P.E. <br />stant State Engineer <br />Cc: Dave Nettles, Assistant Division Engineer, 810 9th Avenue, Suite 200, Greeley, Colorado <br />80631, (970)-352-8712 <br />Scott Edgar, Water Commissioner District 2, 1735 Dolores River Drive, Windsor, CO <br />80550, 970-686-0628 <br />Division of Reclamation Mining and Safety <br />KGR/IDC: Ready Mixed Pit No. 1 (09-10 apr) <br />z. <br />