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Mr. Richard Raines <br />Middle Poudre Combined Plan - <br />replacement of lagged deple <br />stream flow. Granting of this <br />associated with case nos. 2( <br />14. Dewatering at the Kyger Pit, <br />delayed depletions to the stre <br />the water returned to the stre <br />However, once dewatering at <br />A plan that specifies how the <br />the pit) will be replaced, in tin <br />groundwater exposed at the ; <br />proposed plan. <br />15. If dewatering of the Kyger Pit, <br />the pits would fill creating add <br />evaporation. To assure that a. <br />$717,000 for the Kyger Pit, $E <br />Avenue Pit through DRMS for <br />Therefore, if the dewatering is <br />the lining of these pits or the t <br />Page 8 <br />West, Inc. January 26, 2007 <br />shall continue until there is no longer an effect on <br />does not imply a position by our office on any litigation <br />N111, 2002CW205, 98CW476, or any other case. <br />ee Bells Pit and Greeley 35`" Avenue Pit will produce <br />i system. As long as the pits are continuously dewatered, <br />system should be adequate to offset the depletions. <br />sites cease, the delayed depletions must be addressed. <br />st pumping dewatering depletions (including refilling of <br />place and amount along with the evaporation from <br />s after the dewatering stops was presented in the <br />Three Bells Pit or Greeley 35`" Avenue Pit is discontinued, <br />iional depletions to the stream system due to increased <br />'ditional depletions to the river do not occur, a bond for <br />),000 for the Three Bells Pit, and $78,727 for Greeley 35'" <br />lining or backfilling of the lakes has been obtained. <br />discontinued, these bonds can finance the completion of <br />dckfilling, thus preventing depletions to the stream system. <br />16. The water attributable to <br />continue to be diverted in• <br />Poudre. Adequate measur <br />be installed at the applic. <br />applicant to claim credit 1 <br />the applicant is require <br />commissioner that adequ <br />Freeman Ditch headgate. <br />18. <br />e applicant's Boyd and Freeman Ditch shares must <br />ority.at the ditch then measured back to the Cache La <br />I devices acceptable to the water commissioner must. <br />s Boyd and Freeman Dkch headgate in order for the <br />this water. By the next renewal request of this plan, <br />to demonstrate to the satisfaction of the water <br />~ measuring devices were installed at the Boyd and <br />17. In accordance with amendme is to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules <br />and Regulations" adopted on ebruary 4, 1992, the State Engineer shall determine <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, Ovate quality data or analysis may be requested at any time to <br />determine if the water quality s appropriate for downstream water users. <br />The decision of the state eng <br />not create any presumptions, <br />pending water court case or <br />plan. This decision shall not <br />other applications involving o' <br />not imply concurrence with ar <br />with the engineering methodc <br />per shall have no precedential or evidentiary force, shall <br />gift the burden of proof, or serve as a defense in any <br />y other legal action that may be initiated concerning this <br />id the state engineer to act in a similar manner in any <br />;r plans, or in any proposed renewal of this plan, and shall <br />findings of fact or conclusions of law contained herein, or <br />gies used by the Applicant. <br />