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<br />Melanie Lawrence <br />August 11, 2008 <br />Page 5 <br />9. Approval of this plan is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. <br />10. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <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. 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 />13. 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 />14. 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 />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other plans or in any proposed renewal of this <br />plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />Should you have any questions, please contact Joanna Williams of this office or Mr. Dave <br />Nettles of our Division office in Greeley at (970) 352-0742. <br />Sincerely, <br />,.-- Y-00?- Oe asz? <br />Kevin G. Rein, P.E. <br />Chief of Water Supply <br />Attachments: Figure 1 <br />KGR/JMW <br />cc: Dave Nettles, Assistant Division Engineer <br />Scott Edgar, Water Commissioner, Water District 2 <br />Colorado Division of Reclamation Mining and Safety