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Richard T. Raines Page 4 <br />May 21, 2009 <br />8. This plan may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this plan. <br />9. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, Lafarge West, Inc. shall obtain and <br />present to this office an alternate source of replacement water. <br />10. 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 if this <br />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, <br />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 />11. 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 />12. Acceptance of these conditions shall be assumed unless a letter to the contrary is <br />received by this office, the Division Engineer (Steve Witte, 310 E. Abriendo, Suite B, <br />Pueblo CO 81004), and the Water Commissioner (John Van Oort, PO Box 148, Rye, <br />CO 81065) within two weeks of your receipt of this letter. <br />Should you have any questions, please contact Heidi Frey of this office or Bill Tyner, <br />Assistant Division Engineer, in our Division 2 office in Pueblo at (719) 542-3368. <br />Sincerely, <br /> <br />Kevin G. Rein, P.E. <br />Chief of Water Supply <br />Attachments: Tables 1, 2, 3, Stream Depletion tables for the Active Pit and the Unused Wash <br />Pond. <br />cc: Steve Witte, Division Engineer <br />John Van Oort, Water Commissioner <br />Division of Reclamation, Mining and Safety <br />Kevin Salter, Kansas Division of Water Resources <br />David W. Robbins, Hill & Robbins <br />John B. Draper, Montgomery & Andrews <br />Dale E. Book, Spronk Water Engineers <br />KGR/MAP: M-85-218 Rich Pit (2009)