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Michelle Matthews Page 3 <br />Apri! 19, 2005 <br />water court must be submitted prior to expiration of this plan. Approval of this substitute <br />supply plan does not imply a position by this office on any related litigation. <br />9. A request for renewal of this plan must be submitted with the statutory fee then in effect at <br />least 45 days prior to the date of expiration (by February 14, 2006). <br />10. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />11. Dewatering at this site will produce delayed depletions to the stream system. As long as the <br />pit is continuously dewatered, the water returned to the stream system should be adequate <br />to offset the depletions attributable to the dewatering operation. Once dewatering at the site <br />ceases, the delayed depletions must be addressed. Accordingly, dewatering is required. to <br />continue during the terms of this approval. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions (inGuding refilling of the pit) will be replaced, in time, place and amount. if <br />dewatering of the site is discontinued, the pit would fill and cause additional depletions to <br />the stream system due to increased evaporation. Therefore, the $50,000 bond must <br />continue to be held with the Division of Mining and Geology to line or backfill the ponds if <br />dewatering is discontinued. <br />12. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />whether or not the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />Please contact Heidi Frey of this office or Bill Tyner, in Pueblo at (719) 542-3368, if you have <br />any questions concerning this approval. <br />Sincerely, <br />~ ~°r~- <br />ick Wolfe, P.E. <br />Assistant State Engineer <br />Attachments: Tables 1, 2, and 3 <br />cc: Steven J, Witte, Division 2 Engineer <br />John Van Oort, Water Commissioner, Water District 14 <br />Dick Evans, land owner <br />Division of Minerals and Geology <br />DW/HCF:M-2000-41(2005).doc <br />