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Mr. Rick Parsons, P.E. <br />February 22, 2010 <br />Page 4 <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior <br />to the completion of mining, to include, but not be limited to, long-term evaporation <br />losses and'iagged depletions. If a lined pond results after reclamation, replacement of <br />lagged depletions from mining and dewatering shall continue until there is no longer an <br />effect on stream flow. <br />9. 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 substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. <br />10. 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 />11. 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 />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other plans or in any proposed renewal of this <br />plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />Should you have any questions, please contact loana Comaniciu of this office or Mr. Dave <br />Nettles of our Division office in Greeley at (970) 352-0742. <br />Sincerely, <br />pov <br />Kevi G. Rein, P.E. <br />ss' tant State Engineer <br />Attachments: Table 2 <br />cc: Dave Nettles, Assistant Division Engineer, Div1Accounting(astate.co.us (810 9th Street, <br />2nd Floor, Greeley, Colorado 80631, 970-352-8712) <br />Scott Edgar, District 2 Water Commissioner, Scott. Ed-gar(cD-state.co.us 1735 Dolores River <br />Dr., Windsor, Co 80550 <br />Colorado Division of Reclamation Mining and Safety <br />KGR/idc