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Steve Nguyen <br />March 21, 2007 <br />12. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions. However, once dewatering at the site ceases the <br />delayed depletions must be addressed, At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions will be replaced, in time, place and amount. <br />13. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />14. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately. <br />15. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any water <br />court case or any other legal action that may be initiated concerning the substitute water <br />supply plan. This decision shall not bind the State Engineer to act in a similar manner in <br />any 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 />Should you have any questions, please contact Joanna Williams of this office or Mr. Scott <br />Cuthbertson of our Division office in Greeley at (970) 352-0742. <br />Sincerely, <br /> <br />Kevin G. Rein, P.E. <br />Chief of Water Supply <br />Attachments: Figure 1 and Table 8 <br />KGR/JMW <br />cc: Scott Cuthbertson, Assistant Division Engineer <br />Scott Edgar, Water Commissioner, Water District 5 <br />Robert Carlson, Water Commissioner, Water District 6 <br />Colorado Division of Reclamation Mining & Safety <br />