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Ms. Jennifer Lindahl <br />September 16, 2010 <br />Page 4 <br />13. This site is currently being dewatered, however, if the dewatering of the site is discontinued, the <br />pit would fill creating additional depletions to the stream system due to increased evaporation. <br />The maximum exposed surface area in the event that dewatering is discontinued is 9.4 acres. <br />Based on this surface area, the maximum depletion due to evaporation that could occur is 21.84 <br />acre-feet (Table 3). To assure that this depletion to the river does not occur, the leased water <br />from the City of Loveland will be sufficient to cover both the 6.37 acre-feet depletions from this <br />plan and the potential 21.84 acre-feet of depletions if dewatering is discontinued. <br />14. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other vested water rights has or will occur as a result of this plan. Should this <br />substitute water supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all excavation of product from below the water table and all <br />other use of water at the pit must cease immediately. <br />15. In accordance with amendments to C.R.S. § 25-8-202(7), 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 analyses may be <br />requested at any time to determine if the requirements of use of the senior appropriator are 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 water court case or any <br />other legal action that may be initiated concerning the SWSP. 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 <br />Greeley at (970) 352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />jis G. Rein, P.E. <br />tant State Engineer <br />Attachments: Tables 2, 3, 4 and 5 <br />City of Loveland Lease <br />cc: Claudia Engelmann, Assistant Division Engineer, 810 a Avenue, Suite 200, Greeley, Colorado <br />80631, (970)-352-8712 <br />Jason Smith, Water Commissioner District 4, 810 9t' Avenue, Suite 200, Greeley, Colorado, <br />(970-290-7397) <br />Division of Reclamation, Mining and Safety