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Ms. Michelle Austin <br />March 14, 2007 <br />Page 4 <br />evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall <br />continue until there is no longer an effect on stream flow. Granting of this plan does not imply <br />approval by this office of any such court application(s). <br />15. Dewatering at this site is not expected to produce delayed impacts since the dewatering pumps are <br />proposed to be located within 100 feet of the river and instantaneous depletions to the river system <br />are assumed. Should this assumption change and the dewatering operation produces delayed <br />impacts, at least three years prior to completion of dewatering, a plan must be submitted that specifies <br />how the post pumping dewatering depletions will be replaced, in time, place and amount. <br />16. In accordance with amendments to §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 whether the substitute <br />supply is of a quality to meet requirements of use to senior appropriatiors. As such, water quality data <br />or analysis may be requested at any time to determine if the water quality is appropriate for <br />downstream water users. <br />17. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any <br />presumptions, shift the burden of proof, or serve as a defense in any pending water court case or any <br />other legal action that may be initiated concerning this plan. 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 proposed <br />renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at (970) <br />352-8712, if you have any questions concerning this approval. <br />Sincerely, _ <br />Kevin Rein, P.E. <br />Chief of Water Supply <br />Attachments: Table I <br />Lake Canal lease <br />cc: Dave Nettles, Assistant Division Engineer (810 9~" Street, Ste. 200, Greeley, CO 80631 (970) 352- <br />8712) <br />George Varra, Water Commissioner (1400 Highway 287 North, Ft. Collins, Colorado 80524, 970-484- <br />1628) <br />Division of Reclamation Mining and Safety <br />