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Mr. Jared Dains, E.I. Page 5 <br />February 19, 2010 <br />15. Dewatering at this site is not expected to occur at this site during the SWSP approval period. <br />However in the event that dewatering will occur at the site during the SWSP approval period, note <br />that as long as the pits are continuously dewatered, the water returned to the stream system <br />should be adequate to offset the depletions. Once dewatering at this site ceases, the river will <br />experience a net depletion as the pit gradually fills. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions <br />(including refilling the pit) will be replaced, in time, place and amount. <br />16. To assure that depletions from groundwater evaporation do not occur in the unforeseen event, or <br />events, that would lead to the abandonment of the pit, a bond for $104,254.00 through DRMS for <br />lining or backfilling of the pit has been obtained. Therefore, in case of abandonment the bond can <br />finance the completion of the lining of the pit or the backfilling, thus preventing depletions to the <br />stream system. <br />17. 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 />18. 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 <br />case or any other legal action that may be initiated concerning this plan. This decision shall not <br />bind the state engineer to act in a similar manner in any other applications involving other plans, <br />or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact <br />or conclusions of law contained herein, or with the engineering methodologies used by the <br />Applicant. <br />Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at (970) <br />352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />*P-4? <br />Jeff Deatherage, P.E. <br />Water Resource Engineer <br />Attachments: Tables 1?- 4 <br />Platte River Power Authority Lease <br />Graham Drainage Ditch Company Lease <br />cc: Dave Nettles, Assistant Division Engineer (810 9th Street, Ste. 200, Greeley, CO 80631 (970) <br />352-8712) <br />George Varra, Water Commissioner (1400 Highway 287 North, Ft. Collins, Colorado 80524, 970- <br />484-1628) <br />Division of Reclamation Mining and Safety