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Kim Edwards <br />South Platte Combined Replacement Plan <br />October 23, 2007 <br />Page 12 <br />there is no longer an effect on stream flow. According to the plan, mining has ceased at the <br />Teti Pit, North Dahlia Pit, Jeronimus Pit, Platte Valley Pit, Stegner Pit, F-Street Pit and Loloff <br />Pit. Since mining has ceased at these sites, either the lakes must be lined or backfilled, or <br />an application for a plan of augmentation for the site must be filed with the water court. In <br />addition all lagged depletions shall continue to be replaced under a SWSP until there is no <br />longer an effect on stream flow or a court approved augmentation plan is approved by the <br />water court. Prior to further plan approvals the applicant must demonstrate that <br />progress has been made towards lining or backfilling the ponds and must <br />demonstrate that an application for a plan of augmentation has been submitted to the <br />water court for the Teti Pit. <br />16. The name, address, and phone number of a contact person who will be responsible for the <br />operation and accounting of this plan must be provided to the Water Commissioner(s) and <br />the Division Engineer. <br />17. This plan may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this plan. <br />18. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all use of ground water must cease <br />immediately. <br />19. 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 water court <br />case or any other legal action that may be initiated concerning the substitute water supply <br />plan. This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other plans or in any proposed renewal of this plan, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />Should you have any further comments or questions, please contact Dave Nettles, Assistant <br />Division Engineer, in Greeley at 970-352-8712 or Joanna Williams of this office. <br />Sincerely, <br />Kevin G. Rein <br />Water Resource Engineer <br />KGR/JMW <br />Attachments: Division 1 Accounting Summary <br />cc: Scott Cuthbertson, Assistant Division Engineer <br />Robert Stahl, Water Commissioner District 2 <br />9378 WCR 25 <br />Ft. Lupton, CO 80621 <br />Phone: 303-857-0742 <br />Email: Bob.Stahl@state.co.us <br />