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~' s <br />Mr. Forrest Leaf, P.E. <br />Nissen Pit M2003-001 <br />April 10, 2007 <br />Page 3 <br />6. Approval of this plan is for the purposes as stated herein. This office must first approve any <br />additional uses for which the water may be used. Any future additional historic consumptive use <br />credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. <br />7. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <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 replacement must be provided to the division engineer in <br />Greeley and the water commissioner on a monthly basis or other interval acceptable to both of <br />them. The accounting form provided with your application is subject to modification and approval <br />by the division engineer. All amounts shall be in acre-feet. <br />10. The name, address, and phone number 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. A slurry wall has been placed around this site, but has not been approved for compliance with the <br />State Engineer's Guidelines. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. <br />12. This substitute water supply plan maybe revoked or modified at any time should it be determined <br />that injury to other vested water rights has or will occur as a result of this plan. Should this <br />substitute water supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all excavation of product from below the water table and all <br />other use of water at the pit must cease immediately. <br />13. 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 the <br />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 met. <br />14. 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 pending water <br />court case or any other legal action that may be initiated concerning this plan. This decision <br />shall not bind the state engineer to act in a similar manner in any other applications involving <br />other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any <br />findings of fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />