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Ms. Sira Sartori <br />Greeley West Pit SWSP (M-77-081) <br />October 19, 2009 <br />Page ?4 <br />9. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to <br />the division engineer and the water commissioner. <br />10. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in. Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form is subject to modification and approval by <br />the division engineer. All amounts shall be in acre-feet. <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 plan. <br />Should this supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />12. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three years prior to the completion of mining to include, but not be <br />limited to, long-term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an effect <br />on stream flow. Granting of this plan does not imply approval by this office of any such court <br />application(s). <br />13. 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 whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water. quality data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />14. 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 <br />water court. case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />involving other plans, or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact loana Comaniciu in <br />Denver at (303) 866-3581 or Dave Nettles in Greeley at (970) 352-8712. <br />Sincerely, <br />Jeff Deatherage, P.E., <br />Water Resource Engineer