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Journey Ventures Pit SWSP Page 6 of 6 <br />March 21, 2017 <br /> <br />for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) <br />years prior to the completion of mining to include, but not be limited to, long -term evaporation <br />losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. <br />17. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at any <br />time the State Engineer determines that injury to other vested water rights has occurred or will <br />occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or be <br />revoked prior to adjudication of a permanent plan for augmentation, all excavation of the <br />product from below the water table, and all other use of water at the pit, must cease <br />immediately. <br />18. In accordance with amendments to Section §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 SWSP is of a <br />quality to meet requirements of use to which the senior appropriation receiving the substitute <br />supply has normally been put. As such, water quality data or analyses may be requested at any <br />time to determine if the requirement of use of the senior appropriator is met. <br />19. The decision of the state engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any water court case or any <br />other legal action that may be initiated concerning the SWSP. This decision shall not bind the <br />state engineer to act in a similar manner in any other applications involving other plans or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies used by the Applicant. <br /> If you have any questions concerning this approval, please contact Ioana Comaniciu in <br />Denver at (303) 866-3581 or Michael Hein in Greeley at (970) 352-8712. <br /> <br /> Sincerely, <br /> <br /> <br /> for Jeff Deatherage, P.E., <br /> Chief of Water Supply <br /> <br /> <br />Attachment: Map 2 and Map 3 <br /> Tables 1, 2 and 3 <br /> City of Greeley Lease <br /> By-Pass Agreement between Central and Greeley <br /> Letter from DRMS dated April 30, 2010 <br /> <br />cc: Michael Hein, Assistant Division Engineer, Michael.Hein@state.co.us <br /> Evan Snyder, Water Commissioner, District 1, Evan.Snyder@state.co.us <br />Mark Simpson, Water Commissioner, District 3, Mark.Simpson@state.co.us <br /> Brent Schantz, River Operations & Compact Coordinator, Brent.Schantz@state.co.us <br /> <br /> Division of Reclamation Mining and Safety