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Mr. Aryol Brumley <br />May 16, 2002 <br />Page 4 <br />Agreement, Case No. 96CW49 requires the Applicant to fle a change of water right and <br />plan of augmentation application with the Division 7 Water Court and document use of <br />water for irrigation under the Home Ditch property for the period after the T&K Study. <br />10. This plan is valid through April 30, 2003, unless otherwise revoked or modified. <br />11. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />12. If this plan will not be made absolute by a water court action by the plan's expiration date, <br />an extension request must be submitted to this office at Least 45 days prior to the <br />expiration date of this plan (by March 16, 2003). Thereafter, annual renewals must be <br />submitted to this office with the statutory fee of $217, unless the plan is made absolute in <br />that year by a water court action. <br />13. 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 product from below <br />the water table, and all other use of water at the pit, must cease immediately. <br />14. In accordance with amendments to Section §25-8-202-(7), C.R.S. and "Senate Bill 89- <br />181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of use <br />to which the senior appropriation receiving the substitute supply has normally been put. <br />As such, water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />15. Acceptance of these conditions is assumed unless a letter to the contrary is received by <br />this office, the Division 7 Engineer (Kenneth Beegles, 1647 West Second Avenue, <br />Durango, CO 81301) and the District 71 Water Commissioner (Robert Becker, P.O. Box <br />665, Mancos, CO, 81$28) within two weeks of your receipt of this letter. <br />Please contact Heidi Frey of this office or Kenneth Beegles, Division 7 Engineer, in <br />Durango at (970) 247-1845, if you have any questions concerning this approval. We conclude <br />that approval of this substitute water supply plan does not imply a position by this office on any <br />related litigation. <br />Sincerely, <br />Attachment <br />Kenneth W. Knox <br />Assistant State Engineer <br />cc: Kenneth Beegles, Division 7 Engineer <br />Robert Becker, Water Commissioner, Water District 71 -~ <br />Nathan Barton, P.E., Wasteline, Inc. <br />Gary Witt, Wright Water Engineers, Inc. <br />Janice Sheftel, DWCD <br />John Porter. DWCD <br />