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<br />Ms. Cristyn R. Radabaugh Page 4 <br />Green/Croissant M2001-022 <br />January 22, 2007 <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan foraugmentation, all excavation of product from below the <br />water table and all other use of water at the pit must cease immediately. <br />16. In accordance with amendments to §25-8-202(7), C.R.S., and Senate BiN 89-181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine if the <br />substitute supply is of a quality to meet requirements of use to which the senior appropriation <br />receiving the substituted supply has normally been put. As such, water quality data or <br />analyses maybe requested at any time to determine if the requirements of use of the senior <br />appropriator are met. <br />17, 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 concerning 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 />Please contact loans Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at <br />(970) 352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />~~ ~~~ <br />Jeff Deatherage, P.E. <br />Water Resource Engineer <br />Attachments: Tables 2 and 3 <br />City of Loveland Lease <br />cc: Dave Nettles, Assistant Division Engineer, 810 9`" Avenue, Suite 200, Greeley, Colorado <br />80631,(970)-352-8712 <br />Fred Renner, Water Commissioner District 4, 414 West 12`" Street, Loveland, Colorado <br />80537, (970-622-0294) <br />Division of Reclamation, Mining and Safety <br />