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%{ <br />Mr. John F. Scott <br />Timnath Pit-M89-056AM-Substitute Water Supply Plan <br />Page 4 <br />14. 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 />15. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of productfrom below the <br />water table and all other use of water at the pit must cease immediately. <br />16. 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 <br />substitute supply is of a qualityto meet requirements of use to which the senior appropriation <br />receiving the substituted supply has normally been put. As such, water quality data or <br />analyses maybe requested at any time to determine if the requirements of use of the senior <br />appropriator are met. <br />17. The dry year analysis required by this office for a permanent plan foraugmentation may vary <br />from the analysis approved in this substitute water supply plan. This substitute watersupply <br />plan shall have no precedential or evidentiary force, and does not constitute an admission or <br />statement of position in any other proceeding. This plan shall not be concurrence with any <br />findings of fact or conclusions of law contained herein, or with the engineering <br />methodologies used by the Applicant. <br />Please contact loans Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at <br />(970) 352-8712, if you have any questions concerning this approval. <br />ncerel , <br />William H. Fron k, Esq., P.E. <br />Chief of Water Supply <br />Attachments: <br />cc: David Nettles, Assistant Division Engineer (810 9~' Street, Ste. 200, Greeley, CO 80631, (970} <br />352-8712) <br />George Vara, Water Commissioner District 3 (1400 Hwy 287N, Ft. Collins, CO 80631, (970) <br />484-1628) <br />Don Kehn Construction, Inc. <br />Division of Minerais and Geology <br />