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Mr. Steve Nguyen, P.E. <br />March 21, 2007 <br />Page 3 <br />11. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court <br />at least three (3) years prior to the completion of mining to include, but not be limited to, long-term <br />evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall <br />continue until there is no longer an effect on stream flow. Granting of this plan does not imply <br />approval by this office of any such court application(s). <br />12. 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 substitute <br />supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data <br />or analysis may be requested at any time to determine if the water quality is appropriate for <br />downstream water users. <br />13. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any <br />presumptions, shift the burden of proof, or serve as a defense in any pending water court case or any <br />other legal action that 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 plans, or in any proposed <br />renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />Please contact loans Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at (970) 352- <br />8712, if you have any questions concerning this approval. <br />Sincerely, <br />Jeff Deatherage, P.E. <br />Water Resource Engineer <br />Attachments: Table I <br />City of Greeley Lease <br />Cc: Dave Nettles, Assistant Division Engineer, 810 9l" Avenue, Suite 200, Greeley, Colorado 80631, <br />(970)-352-8712 <br />George Varra, Water Commissioner, Water District 3,1400 Hwy 287 N, Fort Collins, Colorado 80524, <br />(970) 484-1628) <br />Division of Reclamation Mining and Safety <br />JD/IC-Geisert Pit SWSP (07) <br />