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Mr. Jared Dains, E.I. Page 8 of 8 <br />June 22, 2011 <br />how the post pumping dewatering depletions (including refilling the pit) will be replaced, <br />in time, place and amount. <br />18. 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 />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately. <br />19. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and Senate Bill 89- <br />181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of use <br />to which the senior appropriation receiving the substitute supply has normally been put. <br />As such, water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />20. 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 />If you have any questions concerning this approval, please contact Sarah Brucker in <br />Denver at (303) 866 -3581 or Claudia Engelmann in Greeley at (970) 352 -8712. <br />Sincerely, <br />G. Rein, P.E. <br />tant State Engineer <br />Attachments: Figure 1 (March 21, 2011), Figure 1 (July 13, 2010), Figure 2 <br />Tables 1, 2, 4 and 5 <br />Letter from DRMS to Applicant dated April 30, 2010 <br />Letter from Applicant to DRMS dated April 22, 2011 <br />Water Right Dedication Affidavit <br />Graham Ditch Lease <br />Platte River Lease and Amendment <br />KGR /srb: Greeley Pit (11- 13).doc <br />iiddLiniafov <br />Cc: Claudia Engelmann, Assistant Division Engineer, Div1Accountinaastate.co.us <br />810 9 Street, Suite 200, Greeley, CO 80631 <br />George Varra, Water Commissioner, Water District 3, George.Varra(a.state.co.us <br />1400 Hwy 287 N, Fort Collins, CO 80524 <br />Division of Reclamation Mining and Safety <br />