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Mr. Andrew R. Rodriguez <br />Page 4 <br />August 7, 2003 <br />in the Last Chance Ditch have an estimated 16.12 acre-feet of historic net stream <br />depletions. The one share in the Rural Ditch has an estimated 55.75 acre-feet of <br />historic net stream depletions. The maximum total mined area shall be limited to <br />26.7 acres so that the historical consumptive use attributable to the 0.092 shares in <br />the Last Chance Ditch and the one Rural Ditch share would cover the annual <br />evaporation from the pit, in the case of abandonment. <br />16. The decision of the state engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as a defense <br />in any wafer court case or any other legal action that may be initiated concerning <br />the substitute water supply plan. This decision shall not bind the State Engineer to <br />act in a similar manner in any other applications involving other plans or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of <br />fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />17. Dewatering at this site will produce delayed depletions to the stream system. As <br />long as the pit is continuously dewatered, the water returned to the stream system <br />should be adequate to offset the depletions. However, once dewatering at the site <br />ceases the delayed depletions must be addressed. At least three years prior to <br />completion of dewatering, a plan must be submitted that specifies how the post <br />pumping dewatering depletions will be replaced, in time, place and amount. <br />Please contact Joanna Williams in Denver at (303) 866-3581, or Dave Nettles in <br />Greeley (970) 352-8712, if you have any questions concerning this approval. ~ <br />Since <br />Attachments <br />WHF/JMW <br />cc: Dave Nettles, Assistant Division Engineer <br />Scott Edgar, Water Commissioner District 5 <br />Mark McLean, Tetra Tech RMC, Inc. <br />DMG <br />William H. Froncz~k,P.E., J.D. <br />Chief of Water Supply <br />G10904_010.mmdLohmann O6Wpproval Letter Lohmann Pit M01017.doc <br />