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Sira Sartori <br />March 8, 2010 <br />Page 4 <br />depletions to the river do not occur, a bond for $201,100 through DRMS for lining or backfilling of <br />the lake has been obtained. Therefore, if the dewatering is discontinued this bond can finance the <br />completion of the lining of this pit or the backfilling, thus preventing depletions to the stream <br />system. <br />16. The approval of this substitute water supply plan does not relieve the Applicant and/or the <br />landowner of the requirement to obtain a water court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including long- <br />term evaporation losses and lagged depletions after gravel mining has ceased. If reclamation of <br />the mine site produces a permanent water surface exposing groundwater to evaporation, an <br />application for a plan for augmentation must be filed with the Division 1 Water Court at least three <br />(3) years prior to the completion of mining to include, but not be limited to, long-term evaporation <br />losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue <br />until there is no longer an effect on stream flow. Granting of this plan does not imply approval by <br />this office of any such court application(s). <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 if the substitute <br />supply is of a quality to meet requirements of use to which the senior appropriation receiving the <br />substituted supply has normally been put. As such, water quality data or analysis may be <br />requested at any time to determine if the requirements of use of the senior appropriator are met. <br />17. 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 mariner 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 />Jeff Deatherage, P.E., <br />Water Resource Engineer <br />Attachments: Table 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 9m Street, Ste. 200, Greeley, CO 80631 (970) <br />290-7397) <br />Division of Reclamation Mining and Safety