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Tom Hatton <br />December 9, 2010 <br />Page 5 <br />Court at least three (3) years prior to the completion of mining to include, but not be limited to, <br />long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Granting of this plan <br />does not imply approval by this office of any such court application(s). <br />16. 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 <br />create any presumptions, shift the burden of proof, or serve as a defense in any pending water <br />court case or any other legal action that may be initiated concerning this plan. This decision <br />shall not bind the state engineer to act in a similar manner in any other applications involving <br />other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any <br />findings of fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />Please contact loana Comaniciu in Denver at (303) 866-3581, or Claudia Engelmann in Greeley at <br />(970) 352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />Kevi G. Rein, P.E., '&? <br />r Resource Engineer <br />Attachments: Table 3 <br />City of Loveland Lease <br />Letter from DRMS dated April 30, 2010 <br />cc: Claudia Engelmann, Assistant Division Engineer (810 9t' Street, Ste. 200, Greeley, CO 80631 <br />(970) 352-8712) <br />Jason Smith, Water Commissioner, District 4 (810 9t' Street, Ste. 200, Greeley, CO 80631 <br />(970) 290-7397) <br />Division of Reclamation Mining and Safety <br />KGR/W-Wagner/Kauffman Pit No. 3-M99-069 (11 swsp)