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<br />Ms. Michelle Austin <br />G.L. Pit Substitute Water Supply Plan (DRMS# M-81-022) <br />October 20, 2006 <br />Page 3 <br />9. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to othervested water rights has or will occur as a result of this plan. <br />10. Connell Resource, Inc. has amended their DMG permit to account for the gradual backfilling <br />of the site. Replacement of lagged depletions must continue until there is no longeran effect <br />on stream flow. <br />11. 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 <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis maybe requested at any time to determine if the water . <br />quality is appropriate for downstream water users. <br />12. 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 pending <br />water court case or any other legal action that may be initiated conceming this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />involving other plans, or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact loans Comaniciu in <br />Denver at (303) 866-3581 or Dave Nettles in Greeley at (970) 352-8712. <br />Sincerely, <br />~~-~~~-~ <br />Jeff Deatherage, P.E. <br />Water Resource Engineer <br />Attachments: Table I <br />Tri-Districts Lease <br />cc: Dave Nettles, Assistant Division Engineer (810 9`" Street, Ste. 200, Greeley, CO 80631 <br />(970}352-8712} <br />George Varra, Water Commissioner (1400 Highway 287 North, Ft. Collins, Colorado 80524, <br />970-484-1628) <br />Division of Reclamation, Mining and Safety <br />JD/IC/G.L.Pit M81-022 <br />