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i <br />Cheryl Signs, P.E. <br />Kurtz Pit, DRMS-1999-006 <br />Page 5 <br />13. 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 through DRMS for lining or backfilling <br />of the pit has been obtained. Therefore, in case of abandonment the bond can finance the <br />completion of the lining of the pit or the backfilling, thus preventing depletions to the stream system. <br />14. This substitute water supply plan may be revoked or modified at any time should it be determined that <br />injury to other water rights has or will occur as a result of this plan. Should this substitute water supply <br />plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, <br />all excavation of product from below the water table, and all other use of water at the pit, must cease <br />immediately. <br />15. In accordance with amendments to Section §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 this substitute water <br />supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the <br />substitute supply has normally been put. As such, water quality data or analyses may be requested <br />at any time to determine if the requirement of use of the senior appropriator is met. <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 loana Comaniciu in Denver at (303) 866-3581, or Claudia Engelmann in Greeley <br />at (970) 352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />n G. Rein, P.E. <br />Assistant State Engineer <br />Attachments: Tables 1, 2A and 2B <br />cc: Claudia Engelmann, Assistant Division Engineer (810 9t" Street, Ste. 200, Greeley, CO 80631, <br />(970) 352-8712) <br />Shera Sumerford, Water Commissioner District 5 (1417 25t' Avenue, Greeley, Co 80634, (303) <br />775-0840) <br />Bob Carlson, Water Commissioner District 6 (P.O. Box 380, Erie, Co 80516, (303) 438-9303) <br />Division of Reclamation Mining and Safety <br />KGR/IDC