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Greeley Pit SWSP April 6, 2020 <br /> Plan ID 2965 Page 9 of 10 <br /> dedication process is necessary to assure proper dedication of the shares, additional <br /> information may be required prior to future SWSP approvals. <br /> 19. Approval of this SWSP does not relieve the Applicant of their obligation to actively pursue the <br /> acquisition of additional shares of GIC water or develop an alternate plan for achieving <br /> compliance with the DRMS's April 30, 2010 letter. Prior to future approvals the Applicant <br /> must dedicate additional water to this plan or propose other steps that will be taken to <br /> prevent the exposure of additional groundwater at the pit and associated long term <br /> augmentation requirements. <br /> 20. Dewatering is not expected to occur at this site during the SWSP approval period. However, in <br /> the event that dewatering will occur at the site during the SWSP approval period, note that as <br /> long as the pit is continuously dewatered, the water returned to the stream system should be <br /> adequate to offset the depletions. Once dewatering at this site ceases, the delayed <br /> depletions must be addressed, including depletions resulting from the gradual refilling of the <br /> pit. At least three years prior to completion of dewatering, a plan must be submitted that <br /> specifies how the post pumping dewatering depletions (including refilling of the pit) will be <br /> replaced in time, place and amount. <br /> 21. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at <br /> any time the State Engineer determines that injury to other vested water rights has occurred <br /> or will occur as a result of the operation of this SWSP. Should this SWSP expire without <br /> renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of <br /> water at the pit must cease immediately. <br /> 22. 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 if this <br /> 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 /> 23. 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 <br /> water court case or any other legal action that may be initiated concerning this plan. This <br /> decision shall not bind the state engineer to act in a similar manner in any other applications <br /> involving other plans, or in any proposed renewal of this plan, and shall not imply <br /> concurrence with any findings of fact or conclusions of law contained herein, or with the <br /> engineering methodologies used by the Applicant. <br /> If you have any questions concerning this approval, please contactJavier Vargas-Johnson in <br /> Denver at 303-866-3581 or Michael Hein in Greeley at 970-352-8712. <br /> Sincerely, <br /> for Jeff Deatherage, P.E. <br /> Chief of Water Supply <br />