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Mr. Peter Wayland <br />M1985-026, Challenger Pit <br />June 19, 2006 <br />Page 3 <br />7. The water attributable to the 5 shares of the Hill & Brush Ditch must continue to be diverted in- <br />priority at the ditch then measured back to the Big Thompson River in the vicinity of the <br />Challenger Pit and up-stream of the Big Thompson and Platte Ditch. Adequate measuring <br />devices acceptable to the water commissioner must be installed. <br />8. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. A <br />copy of this approval letter should be recorded with the County Clerk and Recorder. All <br />replacement water must be concurrent with depletions in quantity, timing, and locations. <br />9. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is subject to <br />modification and approval by the division engineer. All amounts shall be in acre-feet. In <br />addition, the Applicant shall submit a report that includes an accounting of the 100 acre-feet of <br />the fully consumable water leased from the City of Loveland. The accounting must include a list <br />of locations and amounts of this leased water committed for replacement purposes. <br />10. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms to the division <br />engineer and water commissioner. <br />11. Renewal of this plan is contingent on the Applicant filing an application for a plan for <br />augmentation with the Division 1 Water Court by December 31, 2006 that includes, long-term <br />evaporation losses at the Challenger Pit site, and contingent upon the Applicant obtaining a <br />well permit for the exposed ground water at this gravel pit site (as noted in condition 3 above). <br />12. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this plan. <br />13. Conveyance loss for delivery of the Loveland leased water is subject to assessment and <br />modification as determined by the division engineer. <br />14. 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 if the substitute <br />supply is of a quality to meet requirements of use to which the senior appropriation receiving <br />the substituted supply has normally been put. As such, water quality data or analyses may be <br />requested at any time to determine if the requirements of use of the senior appropriator are <br />met. <br />15. Should this plan expire without renewal or be revoked prior to adjudication of a permanent plan <br />for augmentation, all use of ground water must cease immediately. <br />16. The dry year analysis required by this office for a permanent plan for augmentation may vary <br />from the analysis approved in this substitute water supply plan. The decision of the state <br />engineer shall have no precedential or evidentiary force, shall not create any presumptions, <br />shift the burden of proof, or serve as a defense in any pending water court case or any other <br />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 <br />proposed renewal of this plan, and shall not imply concurrence with any findings of fact or <br />