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Tom Hatton <br />February 9, 2010 <br />Page 5 <br />the bond can finance the completion of the lining of the pit or the backfilling, thus preventing <br />depletions to the stream system. <br />15. 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 such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />16. The decision of the state engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any pending water court case <br />or any other legal action that may be initiated concerning this plan. This decision shall not bind the <br />state engineer to act in a similar manner in any other applications involving other plans, or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies used by the Applicant. <br />Please contact this office at (303) 866-3581, or Dave Nettles in Greeley at (970) 352-8712, if you have <br />any questions concerning this approval. <br />Sincerely, <br />*D <br />Jeff Deatherage, P.E. <br />Water Resource Engineer <br />Attachment: Tables 1 through 3 <br />City of Loveland Lease <br />cc: Dave Nettles, Assistant Division Engineer (810 9th Street, Ste. 200, Greeley, CO 80631 (970) <br />352-8712) <br />Jason Smith, Water Commissioner, District 4 (810 9th Street, Ste. 200, Greeley, CO 80631, (970) <br />290-7397) <br />Division of Reclamation Mining and Safety <br />JD/Kauffman Pit-M78-327 renewal (10)