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Ms. Susan Smolnik, P.E. <br />Timberline Pit, DMG#77-184 <br />May 20, 2005 <br />provided to this office on May 20, 2005. <br />Page 3 <br />10. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form is subject to modification and <br />approval by the division engineer. <br />11. This substitute water supply plan maybe revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. <br />12. Renewal of this plan is contingent on the Applicant filing an application for a plan for <br />augmentation that includes evaporation losses from this site. <br />13. In accordance with amendments to §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 <br />determine whether the substitute supply is of a quality to meet requirements of use to <br />senior appropriators. As such, water quality data or analysis may be requested at any <br />time to determine if the water quality is appropriate for downstream water users. <br />14. Should this supply plan expire without renewal or be revoked priorto adjudication of a <br />permanent plan for augmentation, al( use of ground water must cease immediately. <br />15. The decision of the state engineer shall have no precedential orevidentiary force, shalt <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />pending water court case or any other legal action that may be initiated concerning this <br />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other plans, or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant, <br />If you have anyquestions 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 />cc: Dave Nettles, Assistant Division Engineer, 810 9`" Avenue, Suite 200, Greeley, <br />Colorado 80631, {970)-352-8712 <br />George Vara, Water Commissioner, Water District 3 (1400 Hwy 287 N, Fort Collins, <br />Colorado 80524, {970) 484-1628) <br />Division of Minerals and Geology <br />JDIICITimberline Pit DMG#77-184 <br />