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October 29, 2021 <br />Page 6 of 6 <br />Water Court at least three (3) years prior to the completion of mining to include, but not be <br />limited to, long-term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. <br />17. 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 under this SWSP must cease immediately. <br />18. In accordance with amendments to Section 925-8-202-(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 />the substitute supply 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 />19. 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 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 <br />other plans or in any proposed renewal of this plan, and shall not imply concurrence with <br />any findings of fact or conclusions of law contained herein, or with the engineering <br />methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact Joanna Williams in Denver <br />at (303) 866-3581 or Dean Santistevan in Greeley at (970) 352-8712. <br />Sincerely, <br />Jeff Deatherage, P.E., <br />Chief of Water Supply <br />Attachment: Figures 1, 2, and 3 <br />Revised Table 2 <br />City of Aurora Lease <br />Letter from DRMS dated April 30, 2010 <br />Ec: Dean Santistevan, Assistant Division Engineer, Dean. Santistevan@state.co.us <br />Jorge Vidal, Water Commissioner, District 2, Jorge.Vida[@state.co.us <br />Brent Schantz, River Operations St Compact Coordinator, Brent. Schantz@state.co.us <br />Division of Reclamation Mining and Safety <br />