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r. <br />Michelle L. Hatcher <br />November 26, 2007 <br />Page 4 <br />lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions from mining and dewatering shall continue until there is no longer an effect on <br />stream flow. <br />10. 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 />11. 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 />12. Conveyance loss for delivery of augmentation water to the South Platte River is subject to <br />assessment and modification as determined by the division engineer. <br />13. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions. However, once dewatering at the site ceases the <br />delayed depletions must be addressed. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions will be replaced, in time, place and amount. <br />14. The replacement water that is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, <br />the replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter should be recorded with the county clerk and <br />recorder. All replacement water must be concurrent with depletions in quantity, timing and <br />locations. <br />15. 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 defense in any water <br />court case or any other legal action that may be initiated concerning the substitute water <br />supply plan. This decision shall not bind the State Engineer to act in a similar manner in <br />any other applications involving other plans or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by this applicant. <br />Should you have any questions, please contact Joanna Williams of this office or Mr. Scott <br />Cuthbertson of our Division office in Greeley at (970) 352-0742. <br />Sincerely, <br />~~~~ ~~ <br />Kevin G. Rein, P.E. <br />Chief of Water Supply <br />Attachments: Table C <br />KGR/JMW <br />cc: Scott Cuthbertson, Assistant Division Engineer <br />Robert Stahl, Water Commissioner, Water District 2 <br />Division of Reclamation Mining and Safety <br />