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Mr. Richard Raines Page 8 <br />Middle Poudre Combined Plan -Lafarge West, Inc. January 26, 2007 <br />replacement of lagged depletions shall continue until there is no longer an effect on <br />stream flow. Granting of this plan does not imply a position by our office on any litigation <br />associated with case nos. 2004CW 111, 2002CW205, 98CW476, or any other case. <br />14. Dewatering at the Kyger Pit, Three Bells Pit and Greeley 35`h Avenue Pit will produce <br />delayed depletions to the stream system. As long as the pits are continuously dewatered, <br />the water returned to the stream system should be adequate to offset the depletions. <br />However, once dewatering at the sites cease, the delayed depletions must be addressed. <br />A plan that specifies how the post pumping dewatering depletions (including refilling of <br />the pit) will be replaced, in time, place and amount along with the evaporation from <br />groundwater exposed at the sites after the dewatering stops was presented in the <br />proposed plan. <br />15. If dewatering of the Kyger Pit, Three Bells Pit or Greeley 35`" Avenue Pit is discontinued, <br />the pits would fill creating additional depletions to the stream system due to increased <br />evaporation. To assure that additional depletions to the river do not occur, a bond for <br />$717,000 for the Kyger Pit, $60,000 for the Three Bells Pit, and $78,727 for Greeley 35~' <br />Avenue Pit through DRMS for lining or backfilling of the lakes has been obtained. <br />Therefore, if the dewatering is discontinued, these bonds can finance the completion of <br />the lining of these pits or the backfilling, thus preventing depletions to the stream system. <br />16. The water attributable to the applicant's Boyd and Freeman Ditch shares must <br />continue to be diverted in-priority,at the ditch then measured back todhe Cache. La <br />Poudre. Adequate measuring.devices acceptable to the water commissioner must. <br />be installed at the applicant's Boyd and Freeman Ditch headgate in order for the <br />applicant to claim credit for this water. By the next renewal request of this plan, <br />the applicant is required to demonstrate to the satisfaction of the water <br />commissioner that adequate measuring devices were installed at the Boyd and <br />Freeman Ditch headgate. <br />17. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />18. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />pending water court case or any other legal action that may be initiated concerning this <br />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other plans, or in any proposed renewal of this plan, and shall <br />not imply concurrence with any findings of fact or conclusions of law contained herein, or <br />with the engineering methodologies used by the Applicant. <br />