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Mr. Jacob Bauer <br />December 18, 2009 <br />Page 4 <br />results after reclamation, replacement of lagged depletions from mining and dewatering <br />shall continue until there is no longer an effect on 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 plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately. In addition, <br />lack of timely accounting may prevent proper administration, which may lead to <br />revocation or modification of this plan. <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 whether <br />the 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 />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 water <br />court case or any other legal action that may be initiated concerning the substitute water <br />supply plan. This decision shall not bind the State Engineer to act in a similar manner in <br />any- other applications involving_ other plans or any proposed_. renewal of this plan,_and <br />shall not imply concurrence with any findings of fact or conclusions of law contained herein, <br />or with the engineering methodologies used by the Applicant. <br />Should you have any questions, please contact Joanna Williams of this office or Mr. Dave <br />Nettles of our Division office in Greeley at (970) 352 -0742. <br />Sincerely, <br />�of <br />Kevi G. Rein, P.E. <br />tant State Engineer <br />Attachments: Table 4 - <br />KGR/JMW <br />cc: Dave Nettles, Assistant Division Engineer, 810 9 Avenue, Suite 200, Greeley, Colorado <br />80631, (970)- 352 -8712 <br />Scott Edgar, Water Commissioner District 2 (1735 Dolores River Drive, Windsor, CO <br />80550, (970) 381 -0828) <br />Division of Reclamation, Mining and Safety <br />