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Ms. Cristyn R. Radabaugh <br />Green/Croissant M2001-022 <br />December 23, 2008 <br />Page 4 <br />14. To assure that depletions from groundwater evaporation do not occur in the unforeseen event, <br />or events, that would lead to the abandonment of the pit, a bond for $350,400.00 through <br />DRMS for lining or backfilling of the pit has been obtained. Therefore, in case of abandonment <br />the bond can finance the completion of the lining of the pit or the backfilling, thus preventing <br />depletions to the stream system. <br />15. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this plan. <br />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 the <br />water table and all other use of water at the pit must cease immediately. <br />16. 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 if the substitute <br />supply is of a quality to meet requirements of use to which the senior appropriation receiving <br />the substituted supply has normally been put. As such, water quality data or analyses may be <br />requested at any time to determine if the requirements of use of the senior appropriator are <br />met. <br />17. 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 />Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in <br />Greeley at (970) 352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />Jeff Deatherage, P.E. <br />Water Resource Engineer <br />Attachments: Tables 2 and 3 <br />City of Loveland Lease <br />cc: Dave Nettles, Assistant Division Engineer, 810 9th Avenue, Suite 200, Greeley, Colorado <br />80631, (970)-352-8712 <br />Fred Renner, Water Commissioner District 4, 414 West 12th Street, Loveland, Colorado 80537, <br />(970-622-0294) <br />Division of Reclamation, Mining and Safety