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Mr. Jared Dains <br />G.L. Pit Substitute Water Supply Plan (DRMS# M- 81 -C)22) <br />August 16, 2011 <br />replacement of all depletions, including long-term evaporation losses and lagged depletions <br />after gravel mining has ceased. Renewal of this plan is contingent on the Applicant <br />demonstrating that the backfilling of the site has continued or contingent upon the <br />Applicant filing an application for a plan for augmentation with the Division 1 Water <br />Court that includes long -term evaporation losses at the G. L. Pit site. <br />10. To assure that depletions from groundwater evaporation do not occur in the unforeseen <br />event, or events, that would lead to the abandonment of the pit, a bond for $148,500.00 <br />through DRMS for lining or backfilling of the pit has been obtained. Therefore, in case of <br />abandonment the bond can finance the completion of the lining of the pit or the backfilling, <br />thus preventing depletions to the stream system. <br />11. 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 whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />12. 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 <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />involving other plans, or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact Tracy Kosloff in Denver <br />at (303) 866 -3581 or Claudia Engelrnann in Greeley at (970) 352 -8712. <br />Attachments: Tables 1 & 2 <br />Tri- Districts Lease <br />cc: Claudia Engelmann, Assistant Division Engineer (810 9 Street, Ste. 200, Greeley, CO <br />80631 (970) 352 -8712) <br />George Varra, Water Commissioner (1400 Highway 287 North, Ft. Collins, Colorado 80524, <br />970 -484 -1628) <br />Division of Reclamation, Mining and Safety <br />KGR/tlk/G.L.Pit M81 -022 (2011) <br />Sincerely, <br />. Rein, P.E. <br />ant State Engineer <br />Page 4 <br />