HYDRO30170

• Permit No: M1989044
• IBM Index Class Name: Hydrology
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Blatchley Associates Inc.
• Permit Index Doc Type: Correspondence
• Media Type: D
• Archive: No

Mr. William Blatchley
August 3, 2006
Page 4
excavation of product from below the water table, and all other use of water at the pit, must
cease immediately.
14. In accordance with amendments to Section §25-8-202(7), C.R.S. and "Senate Bill 89-181
Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine
whether the substitute water supply plan is of a quality to meet requirements of use to senior
appropriations. As such, water quality data or analyses may be requested at any time to
determine if the water quality is appropriate for downstream water users.
15. The decision of the State Engineer shall have no precedential of evidentiary force, shall not
create any presumptions, shift the burden of proof, or serve as a defense in any pending
water court case or any other legal action that may be initiated concerning this plan. This
decision shall not bind the State Engineer to act in a similar manner in any other applications
involving other plans, or in any proposed renewal of this plan, and shall not imply
concurrence with any finding of fact or conclusions of law contained herein, or with the
engineering methodologies used by the Applicant.
Please contact loans Comaniciu in Denver at [phone], or Dave Nettles in Greeley
at [phone], if you have any questions concerning this approval.
Sincerely,
~~i/e~~ ~.2!/YC~
Kevin G. Rein, P.E.
Chief of Water Supply
Attachments: Table I
Affidavit from Harold E. Clare II
Lease Agreement with MMRC
cc: David Nettles, Assistant Division Engineer (810 9'" Street, Ste. 200, Greeley, CO 80631,
[phone])
Mike Eytel, Water Commissioner District 23 (P.O. Box 3362, Breckenridge, Co 80424,
[phone])
Division of Minerals and Geology
Gary Witt, Wright Water Engineers, Inc.
KGR/IDC/Clare Pit\Clare Pit Approval Letter.doc