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Mr. Frank Healy <br />4/28/2011 <br />Page 3 <br />extent of the excavation, (3) the maximum depth of the pit and (4) the surface area (if <br />any) of ground water exposed within the pit. <br />4. Applicants shall record a copy of this approval letter and copies of both the LAWMA and <br />AQUA agreements with the Otero County Clerk and Recorder's Office. The 36 LAWMA <br />shares dedicated to this plan may not be sold, leased or otherwise legally encumbered <br />during the term of this plan. <br />5. Releases of water by AGUA pursuant to this plan shall be coordinated with the Division <br />Engineer and the Augmentation Coordinator and shall equal or exceed the depletions to be <br />replaced on a monthly basis. <br />6. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine whether or not the substitute supply is of a quality to meet requirements of <br />use to senior appropriators. As such, water quality data or analysis may be requested at <br />any time to determine if the water quality is appropriate for downstream water users. <br />7. This plan is valid through December 31, 2011, unless otherwise revoked or modified. <br />Any request for renewal of this plan must be submitted with the statutory fee then in <br />effect at least 45 days prior to the expiration, by November 16, 2011. Should this <br />substitute water supply plan expire without renewal or be revoked prior to its expiration <br />date, all uses must cease immediately. <br />8. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />9. Acceptance of these conditions shall be assumed unless a letter to the contrary is <br />received by this office, the Division Engineer (Steven J. Witte, 310 E. Abriendo Ave., <br />Suite B, Pueblo, CO 81004), and the Deputy Water Commissioner (Lonnie Spady) within <br />two weeks of your receipt of this letter. <br />This office does not condone the eradication of native wetland vegetation. Likewise, <br />approval of this plan does not satisfy any federal laws or regulations or prevent any liability <br />resulting therefrom. <br />Please contact Caleb Foy in Denver at (303) 866-3581, or Bill Tyner in Pueblo at (719) <br />542-3368, if you have any questions concerning this approval. <br />Sincerely, <br />Heidi Frey <br />Water Resource Engineer <br />Attachments: Tables 1A & 1B <br />cc: Steven J. Witte, Division 2 Engineer (via email) <br />Lonnie Spady, District 17 Deputy Water Commissioner (via email) <br />HCF/crf: North River Pit 2011 SWSP.docx <br />