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Mr. Raul Passerini, P.E. Page 10 <br /> June 24, 2015 <br /> replacement of lagged depletions from mining and dewatering shalt continue until <br /> there is no longer an effect on stream flow. <br /> 21. In accordance with amendments to Section S25-8-202-(7), C.R.S. and Senate Bill 89- <br /> 181 Rules and Regulations adopted on February 4, 1992, the State Engineer shalt <br /> determine if this SWSP 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 <br /> quality data or analyses may be requested at any time to determine if the requirement <br /> of use of the senior appropriator is met. <br /> 22. This SWSP may be revoked or modified at any time should it be determined that injury <br /> to other water rights has or will occur as a result of this SWSP. Should this SWSP expire <br /> without renewal or be revoked prior to adjudication of a permanent plan for <br /> augmentation, all excavation of product from below the water table, and ail other use <br /> of water at the pit, must cease immediately. <br /> 23. The decision of the State Engineer shall have no precedential or evidentiary force, <br /> shalt not create any presumptions, shift the burden of proof, or serve as a defense in <br /> any pending water court case or any other legal action that may be initiated <br /> concerning this plan. This decision shall not bind the State Engineer to act in a similar <br /> manner in any other applications involving other SWSPs, or in any proposed renewal of <br /> this SWSP, and shall not imply concurrence with any findings of fact or conclusions of <br /> Law contained herein, or with the engineering methodologies used by the Applicant. <br /> Should you have any comments or questions, please contact Alan Martellaro at 970- <br /> 945-5665 or loana Comaniciu in this office at 303-866-3581. <br /> Sincerely, <br /> YK b_z�� <br /> Jeff Deatherage, P.E. <br /> Chief of Water Supply <br /> Enclosures: Tables 1, 2, 3, 5, 6, 7, 9, 10, 11, 12, 13, 14, B-1 and B-2 <br /> Figures A-3, A-4 and A-5 <br /> Affidavit of dedication of water right <br /> Dry-up affidavit <br /> DRMS letter <br /> cc: Alan Martellaro, Division Engineer, Division 5 <br /> Troy Wineland, Water Commissioner, District 36 <br /> Division of Reclamation, Mining and Safety <br /> JD/idc/Maryland Creek SWSP 15-16.doc <br />