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Rachel Kullman <br />November 12, 2008 <br />Page 4 <br />13. To assure that depletions from groundwater evaporation do not occur in the unforeseen <br />event, or events, that would lead to the abandonment of the pit, a bond through DRMS <br />for lining of the pit has been obtained. Therefore, in case of abandonment the bond can <br />finance the completion of the lining of the pit or the backfilling, thus preventing <br />depletions to the stream system. <br />14. In accordance with amendments to Section §25-8-202-(7), C.R.S. and "Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />if this substitute water supply plan is of a quality to meet requirements of use to which the <br />senior appropriation receiving the substitute supply has normally been put. As such, water <br />quality data or analyses may be requested at any time to determine if the requirement of <br />use of the senior appropriator is met. <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 a defense in any <br />water court case or any other legal action that may be initiated concerning the <br />substitute water supply plan. This decision shall not bind the State Engineer to act in a <br />similar manner in any other applications involving other plans or in any proposed <br />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 />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 />Kevin G. Rein, P.E. <br />Assistant State Engineer <br />Attachments: Table 5 <br />cc: Dave Nettles, Assistant Division Engineer, 810 9`h Avenue, Suite 200, Greeley, <br />Colorado 80631, (970)-352-8712 <br />Scott Edgar, Water Commissioner District 2 (1735 Dolores River Dr., Windsor, Co 80550, <br />(970) 352-5558) <br />Division of Reclamation, Mining and Safety <br />KGR/JMW