Laserfiche WebLink
Mr. Jeffrey Clark <br />August 11, 2009 <br />Page 4 <br />obtaining a final decree, to assure that the court application continues to progress <br />through the court process. <br />10. 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. Should this <br />SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of water at the pit must cease immediately. <br />11. In accordance with amendments to Section §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 senior <br />appropriation receiving the substitute supply has normally been put. As such, water quality data <br />or analyses may be requested at any time to determine if the requirement of use of the senior <br />appropriator is met. <br />12. The decision of the State Engineer shall not have precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any water court <br />case or any other legal action that may be initiated concerning the SWSP. This decision shall <br />not bind the State Engineer to act in a similar manner in any other applications involving other <br />plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings <br />of fact or conclusions of law contained herein, or with the engineering methodologies used by <br />the Applicant. <br />Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at <br />(970) 352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />v? <br />4ssi Rein, P.E. <br />State Engineer <br />Attachments: Tables 1 and 2 <br />City of Brighton Lease <br />cc: Dave Nettles, Assistant Division Engineer, 810 9th Avenue, Suite 200, Greeley, Colorado 80631, <br />(970)-352-8712 <br />Scott Edgar, Water Commissioner District 2 (1735 Dolores River Dr., Windsor, Co 80550, (970) 381- <br />0828) <br />Division of Reclamation, Mining and Safety <br />KGR/idc: North Tower Pit 2009 SWSP approval