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y <br />Ms. Sara Foster <br />April 8, 2008 <br />Page 6 <br />evaporation. in the unforeseen event, or events that would lead to the abandonment of the pits. <br />The maximum total mined area shall be limited to 124 acres so that the total interest in the <br />Whitney Ditch would cover the annual evaporation from the pits, in the case of abandonment. <br />This substitute water supply plan may be revoked at any time should it be determined that the <br />11 shares of the Whitney Ditch and the 9.6 shares of the Kem Reservoir will be insufficient to <br />make replacements for the three sites. <br />14. 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 whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As such, <br />water qualifiy data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />15. Should this supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />16. 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 />If you have any questions concerning this approval, please contact loans Comaniciu in Denver at <br />(303) 866-3581 or Dave Nettles in Greeley at (970) 352-8712. <br />Sincerely, <br />~D <br />Jeff Deatherage P.E. <br />Water Resource Engineer <br />Attachments: Tables 1, 5 <br />Kem Reservoir Agreement <br />Town oif Milliken Lease <br />cc: Dave Nettles, Division 1 (810 9"' Street, 2nd Floor, Greeley, Colorado 80631, 970-352-8712) <br />George Varra, 1Nater Commissioner, Water District 3 (1400 Highway 287 North, Ft. Collins, <br />Colorado 80524, 970-484-1628) <br />Division of Recllamation Mining and Safety <br />JD/IDC1Firostien-Tigges La Powi-e -North l.a Poudro.doc <br />