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Ms. Michelle L. Hatcher <br />March 7, 2011 <br />Page 5 of 6 <br />water rights or other permanent water source will be dedicated to the SWSP to <br />assure that all permanent depletions from either an unforeseen abandonment of <br />the site by the Applicant or as a result of long term ground water exposure after <br />completion of mining and reclamation will be replaced so as to prevent injury to <br />other water rights. <br />This information must be provided to this office by April 30, 2011. If the requested <br />information is not provided to the Division of Water Resources, any future SWSP <br />may limit the mining operation so that additional ground water cannot be <br />exposed, beyond that specified in this SWSP. <br />12. 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 plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />13. 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 />14. -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 />pending water court case or any other legal action that may be initiated concerning this <br />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other plans, or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant. <br />Please contact Sarah Reinsel 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 />?J <br />Kev' G. Rein, P.E. <br />istant State Engineer <br />Attachments: Figure 1 <br />Table 3 <br />City of Greeley Lease <br />April 30, 2010 letter from DRMS <br />Cc: Claudia Engelmann, Assistant Division Engineer, Div1AccountingCaD-state.co.us <br />810 9 h Street, Suite 200, Greeley, CO 80631 <br />George Varra, Water Commissioner, Water District 3, Geor4e.Varraa-state.co.us <br />1400 Hwy 287 N, Fort Collins, CO 80524