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Ms. Sira Sartori <br />Greeley (35th Avenue) Pit-M77-036 <br />October 29, 2009 <br />Page 4 <br />until there is no longer an effect on stream flow. The approval of this plan does not <br />imply a position by our office on any litigation associated with case no. 98CW476 or any <br />other case. <br />13. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions attributable to the dewatering operation. Once <br />dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, <br />dewatering is required to continue during the term of this approval. At least three years <br />prior to completion of dewatering, a plan must be submitted that specifies how the post <br />pumping dewatering depletions (including refilling of the pit) will be replaced, in time, <br />place and amount. <br />14. The site is currently being dewatered, however, if the dewatering of this site is <br />discontinued, the pit would fill creating additional depletions to the stream system due to <br />increased evaporation. To assure that this depletion to the river does not occur during <br />the term of this substitute supply plan, the City of Greeley lease will be committed ito <br />cover ground water evaporation at the Greeley 35th Avenue site in the unforeseen event, <br />or events that would lead to the abandonment of the pit. A bond for $78,727 through <br />DMG for lining or backfilling of the lakes has been obtained. Therefore, if dewatering is <br />discontinued this bond can also be used for the completion of the lining of the pit or the <br />backfilling, thus preventing 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 <br />plan. Should this supply plan expire without renewal or be revoked prior to adjudication <br />of a permanent plan for augmentation, all use of ground water must cease immediately, <br />16. 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 />17. 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 />pending water court case or any other legal action that may be initiated concerning this <br />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other plans, or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the 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