2011-03-30_HYDROLOGY - M1978056 (2)

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Cheryl Signs, P.E. Kurtz Pit, DRMS-1999-006 Page 6 In accordance with approach no. 4, you have provided an affidavit dated November 1, 2010 that dedicates five of the Applicant's shares of GIC water and 4 shares of the rural Ditch ` water and portions of.the water rights decreed in case no. 2001CW274 as replacement water solely for this SWSP'for as long as there are depletions at this gravel pit site or until such time as another replacement source is obtained. A copy of the affidavit Is attached to this letter. For the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State Engineer determines that a different affidavit or dedication process Is necessary to assure proper dedication of the shares, additional information may be required prior to future SWSP approvals. 15. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately. 16. In accordance with amendments to Section §25-8-202{1), C.R.S. and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall determine if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 17. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any pending water court case or any other legal action that may be initiated concerning this plan. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. Please contact loana Comaniciu in Denver at (303) 866-3581, or Claudia Engelmann in Greeley at (970) 352-8712, if you have any questions concerning this approval. Sincerely, •. C( A444? Ke ' G. Rein, P.E. Assistant State Engineer Attachments: Tables 1, 2A and 2B Affidavit for dedication of GIC shares and the Rural Ditch shares to this SWSP Letter from DRMS dated April 30, 2010