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Mr. Mark McLean, P.E. April 21, 2017 <br /> Page 5 of 5 <br /> 10. 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 use of water under this <br /> SWSP must cease immediately and the Applicant shall obtain and present to this office an <br /> alternate source of replacement water. <br /> 11. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit <br /> is continuously dewatered, the water returned to the stream system should be adequate to <br /> offset the depletions attributable to the dewatering operation. Once dewatering at the site <br /> ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to <br /> continue during the terms of this approval. At least three years prior to completion of <br /> dewatering, a plan must be submitted that specifies how the post pumping dewatering <br /> depletions (including refilling of the pit) will be replaced, in time, place and amount. If <br /> dewatering of the site is discontinued, the pit would fill and cause additional depletions to the <br /> stream system due to increased evaporation. <br /> 12. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 Rules <br /> and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether or <br /> not the substitute supply is of a quality to meet requirements of use to senior appropriators. As <br /> such, water quality data or analysis may be requested at any time to determine if the water <br /> quality is appropriate for downstream water users. <br /> 13.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 pending water <br /> court case or any other legal action that may be initiated concerning the SWSP. This decision <br /> shall not bind the State Engineer to act in a similar manner in any other applications involving <br /> other SWSP or in any proposed renewal of this SWSP, 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 /> Should you have any questions, please contact Caleb Foy of this office or Charlie DiDomenico in our <br /> Division 2 office in Pueblo at (719) 542-3368. <br /> Sincerely, <br /> * -D - <br /> Jeff Deatherage, P.E. <br /> Chief of Water Supply <br /> Enclosures: Figure 1 <br /> Tables 1-5 <br /> April 4, 2016 Water Lease Agreement <br /> cc: Division 2 SWSP Staff (via email) <br /> Steve Stratman, District 14/15 Water Commissioner (steve.stratman@state.co.us) <br /> Doug Hollister, North Regional Team Leader, Districts 10,14,15 (douQ.hollisteris-iate.co.us) <br /> Division of Reclamation, Mining and Safety (via email) <br /> JD/CRF: Pueblo East Pit at Evans#2 SWSP 2017-18 <br />