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Valley's Edge Resource Substitute Water Supply Plan Page 5 of 5 <br /> March 24, 2023 <br /> lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions <br /> shall continue until there is no longer an effect on stream flow. <br /> 18. 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 product <br /> from below the water table, and all other use of water at the pit, must cease immediately. <br /> 19. 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 the substitute <br /> water is of a quality to meet requirements of use to which the senior appropriation receiving the <br /> substitute supply has normally been put. As such, water quality data or analyses may be <br /> requested at any time to determine if the requirement of use of the senior appropriator is met. <br /> 20. 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 State <br /> 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 Wenli Dickinson in the Denver office at <br /> 303-866-3581 or Aliyah Santistevan in the Greeley office at (970) 352-8712. <br /> Sincerely, <br /> for <br /> Joanna Williams, P.E. <br /> Chief of Water Supply <br /> Attachments: Figure 1 <br /> Table 1 <br /> Lease with City of Aurora Et Extension <br /> Letter from DRMS dated April 30, 2010 <br /> Augmentation Plan Accounting <br /> Use of Replacement Sources Not Specifically Identified in an SWSP or Augmentation Plan <br /> cc: Aliyah Santistevan, Assistant Division Engineer, Alivah.Santistevan@state.co.us <br /> Dawn Ewing, Accounting Coordinator, Dawn.Ewine0state.co.us <br /> Brent Schantz, River Operations Et Compact Coordinator, Brent.Schantz(-state.co.us <br /> Jorge Vidal, District 1 Water Commissioner, Joree.Vida[Ostate.co.us <br /> Alec Hernandez, District 2 Water Commissioner, Alec.Hernandez(-state.co.us <br /> Division of Reclamation Mining and Safety, dnr drmsminadmin(-state.co.us <br /> JMW/idc/wad: 2022-2023 Valleys Edge Resource Approval.docx <br />