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Michelle L. Austin <br />November 25, 2005 <br />Pages <br />augmentation must be filed with the Division 1 Water Court at least three (3) <br />years prior to the completion of mining to include, but not be limited to, long- <br />term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no <br />longer an effect on stream flow. <br />14. The name, address, and phone number of a contact person who will be <br />responsible for the operation and accounting of this plan must be provided to <br />the Water Commissioner(s) and the Division Engineer. <br />15. This plan may be revoked or modified at any time should it be determined that <br />injury to other vested water rights has or will occur as a result of the operation <br />of this plan. <br />16. Should this substitute water supply plan expire without renewal or be revoked <br />prior to adjudication of a permanent plan for augmentation, all use of ground <br />water must cease immediately. <br />17. In accordance with amendments to Section §25-8-202-(7), C.R.S. and <br />"Senate Bill 89-181 Rules and Regulations° adopted on February 4, 1992, the <br />State Engineer shall determine if this substitute water supply plan is of a <br />quality to meet requirements of use to which the senior appropriation receiving <br />the substitute supply has normally been put. As such, water quality data or <br />analyses may be requested at any time to determine if the requirement of use <br />of the senior appropriator is met. <br />18. The decision of the State Engineer shall have no precedential or evidentiary <br />force, shall not create any presumptions, shift the burden of proof, or serve as <br />a defense in any water court case or any other legal action that may be <br />initiated concerning the substitute water supply plan. This decision shall not <br />bind the State Engineer to act in a similar manner in any other applications <br />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 <br />herein, or with the engineering methodologies used by the Applicant. <br />Should you have any further comments or questions, please contact Scott Cuthbertson, <br />Assistant Division Engineer in Greeley at 970-352-8712 or Joanna Williams of this office. <br />Sincerely, Q <br />Kevin G. Rein, P.E. <br />Chief of Water Supply <br /> <br />Attachments: Table 1, Table 2, Table 3, Appendix C, Accounting Protocol, Recharge Protocol <br />cc: Scott Cuthbertson, Assistant Division Engineer <br />Robert Stahl, Water Commissioner District 2 ~,.,,,~,,,,,..~, <br />DMG <br />