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Mr. Richard T. Raines Page 5 <br />Stute Pit-M81-007 and Timnath-Connell Pit-M99-050 <br />October 2, 2008 <br />dewatering is discontinued, this bond can finance the completion of the lining of this pit or <br />the backfilling, thus preventing depletions to the stream system. The Applicant is required <br />to maintain this bond until the pit is adequately lined or backfilled, and all lagged stream <br />depletions have been replaced. <br />14. In accordance with amendments to §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 <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />15. 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 <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other <br />applications involving other plans, or in any proposed renewal of this plan, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact loana Comaniciu in <br />Denver at (303) 866-3581 or Dave Nettles in Greeley at (970) 352-8712. <br />Sincerely, <br />V_b~ <br />Jeff Deatherage, P.E. <br />Water Resource Engineer <br />Attachments: Table 1 and 5 <br />cc: Dave Nettles, Assistant Division Engineer (810 9th Street, 2nd Floor, Greeley, Colorado 80631, <br />970-352-8712) <br />George Varra, Water Commissioner, Water District 3 (1400 Highway 287 North, Ft. Collins, <br />Colorado 80524, 970-484-1628) <br />Division of Reclamation, Mining and Safety <br />JD/IDC/Connell Combined (Stute-M81-007 and Timnath-Connell-M99-050)