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Ms. Michelle Austin <br />G.L. Substitute Water Supply Plan (DMG# M-80-022) <br />March 14, 2005 <br />8. Adequate accounting of depletions and replacement must be provided to the <br />division engineer in Greeley and the water commissioner on a monthlybasis <br />or other interval acceptable to both of them. The accounting form provided <br />with your application is subject to modification and approval by the division <br />engineer. All amounts shall be in acre-feet. <br />9. This substitute water supply plan may be revoked or modified at any time <br />should it be determined that injury to other vested water rights has or wilt <br />occur as a result of this plan. <br />10. Connell Resource, Inc. has amended their DMG permit to account for the <br />gradual backfilling of the site. Replacement of lagged depletions must <br />continue until there is no longer an effect on stream flow. <br />11. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill <br />89-181 Rules and Regulations" adopted on February 4, 1992, the State <br />Engineer shall determine whether the substitute supply is of a qualityto meet <br />requirements of use to senior appropriators. As such, water quality data or <br />analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />12. The decision of the state engineer shall have no precedential or evidentiary <br />force, shall not create any presumptions, shift the burden of proof, or serve <br />as a defense in any pending water court case or any other legal action that <br />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 <br />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, <br />or with the engineering methodologies used by the Applicant. <br />If you have any questions conceming this approval, please contact loans <br />Comaniciu in Denverat (303) 866-3581 or Dave Nettles in Greeley at (970) 352-8712. <br />Sincerely, <br />5~~ <br />Jeff Deatherage, P.E. <br />Water Resource Engineer <br />Attachments: Table I <br />cc: Dave Nettles, Assistant Division Engineer (810 9"' Street, Ste. 200, Greeley, CO <br />80631 (970) 352-8712) <br />George Varra, Water Commissioner (1400 Highway 287 North, Ft. Collins, Colorado <br />80524, 970-484-1628) <br />Division of Minerals and Geology <br />Page 3 <br />JDiIC/G.L.Pit M81-022 <br />