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Mr. Richard Raines <br />July 2, 2008 <br />Page 5 <br />15. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit <br />is continuously dewatered, the water returned to the stream system should be adequate to <br />offset the depletions. However, once dewatering at the site ceases the delayed depletions must <br />be addressed. At least three years prior to completion of dewatering at the SerFer Pit a plan <br />must be submitted that specifies how the post pumping dewatering depletions will be replaced, <br />in time, place and amount. <br />16. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other water rights has or will occur as a result of this plan. Should this SWSP expire <br />without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all <br />excavation of the product from below the water table, and all other use of water at the pit, must <br />cease immediately. <br />17. In accordance with amendments to Section §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 if this <br />substitute water supply plan is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substitute supply has normally been put. As such, water quality data <br />or analyses may be requested at any time to determine if the requirement of use of the senior <br />appropriator is met. <br />18. 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 water court case <br />or any other legal action that may be initiated concerning the SWSP. This decision shall not bind <br />the State Engineer to act in a similar manner in any other applications involving other plans or in <br />any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies used by the <br />Applicant. <br />If you have any questions concerning this approval, please contact loana Comaniciu in Denver at <br />(303) 866-3581 or Dave Nettles in Greeley at (970) 352-8712. <br />Sincerely, Q? <br />L 5T . <br />Kevin Rein, P.E., <br />Chief of Water Supply <br />Attachments: Tables 3, 3A, 4 and Appendix B <br />Cc: Dave Nettles, Assistant Division Engineer, 810 9th Avenue, Suite 200, Greeley, Colorado 80631, <br />(970)-352-8712 <br />George Varra, Water Commissioner, Water District 3 (1400 Hwy 287 N, Fort Collins, Colorado <br />80524, (970) 484-1628) <br />Gary Witt, Wright Water Engineers, Inc. <br />Division of Reclamation Mining and Safety