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Mr. Joe Kraig <br />August 24, 2009 <br />Page 4 <br />to the completion of mining, to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions from mining and dewatering shall continue until there is no longer an effect on <br />stream flow. <br />11. 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 <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. <br />12. 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 />13. 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 />Please contact loana Comaniciu in Denver at (303)866-3581, or David Nettles at Division 1 <br />in Greeley at (970)352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />n <br />' ! .(.an?try o? <br />Ke 7GRein, P.E. <br />e Engineer <br />Attachments: Table 1, Table 2 <br />City of Broomfield Lease <br />KGR/idc <br />cc: Dave Nettles, Assistant Division Engineer, 810 9th Avenue, Suite 200, Greeley, Colorado <br />80631, (970)-352-8712 <br />Scott Edgar, Water Commissioner District 2 (1735 Dolores River Dr., Windsor, Co <br />80550, (970) 381-0828) <br />Division of Reclamation, Mining and Safety