HYDRO20409

• Permit No: M1977439
• IBM Index Class Name: Hydrology
• Doc Date: 12/13/2004
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group Inc.
• Media Type: D
• Archive: No

f,
Mr. Richard T. Raines
December 2, 2004
Page 5
17. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules
and Regulations" adopted on February 4, 1992, the State Engineer shall determine
whether the substitute supply is of a quality to meet requirements of use to senior
appropriators. As such, water quality data or analysis may be requested at any time to
determine if the water quality is appropriate for downstream water users.
18. Should this supply plan expire without renewal or be revoked prior to adjudication of a
permanent plan for augmentation, all use of ground water must cease immediately.
19. The decision of the state engineer shall have no precedential or evidentiary force, shall
not create any presumptions, shift the burden of proof, or serve as a defense in any
pending water court case or any other legal action that may be initiated concerning this
plan. This decision shall not bind the state engineer to act in a similar manner in any
other applications involving other plans, or in any proposed renewal of this plan, and
shall not imply concurrence with any findings of fact or conclusions of law contained
herein, or with the engineering methodologies used by the Applicant.
If you have any questions concerning this approval, please contact loana Comaniciu in
Denver at [phone] or Dave Nettles in Greeley at [phone].
Sincerely,
~~~
Jeff Deatherage, P.E.
Water Resource Engineer
Attachments: Table 1
cc: Dave Nettles, Assistant Division Engineer (810 9`" Street, 2nd Floor, Greeley, Colorado
80631,970-352-8712)
George Varra, Water Commissioner, Water District 3 (1400 Highway 287 North, Ft.
Collins, Colorado 80524, 970-484-1628)
Division and Minerals and Geology
JD/IDC/ Combined Plan (Home Office-M77-439, North Taft Hill Expansion Site-M02-081 and Overland
Ponds Site-M01-051)