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Mfi. Susan Smolnik, P.E. <br />Timberline Pit, DRMS Permit No. M77-184 <br />May 14, 2007 <br />Page 3 <br />determined that injury to other vested water rights has or will occur as a result of this plan. <br />Should this supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />11. The approval of this substitute water supply plan does not relieve the Applicant and/or the <br />landowner of the requirement to obtain a water court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />long-term evaporation losses and lagged depletions after gravel mining has ceased. If <br />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 <br />Water Court at least three (3) years prior to the completion of mining to include, but not be <br />limited to, long-term evaporation losses. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. An application for a plan for augmentation was filed with the Division 1 Water Court on <br />October 31, 2005 in case no. 2005CW262, to include, but not be limited to long-term <br />evaporation losses at the Timberline Pit site. Granting of this plan does not imply approval by <br />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 <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />13. 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 ocher 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 />If you have any questions 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, Colorado <br />80631, (970)-352-8712 <br />George Varra, Water Commissioner, Water District 3 (1400 Hwy 287 N, Fort Collins, <br />Colorado 80524, (970) 484-1628) <br />Division of Reclamation Mining and Safety <br />JD/IClrimberline Pit DMG#77-184 <br />