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Cheryl Signs, P.E. Page 7 <br />Western Sugar Pit <br />depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue <br />until there is no longer an effect on stream flow. Granting of this plan does not imply approval by <br />this office of any such court application(s). <br />15. This SWSP may be revoked or modified at any time should it be determined that injury to other <br />water rights has or will occur as a result of this SWSP. Should this SWSP expire without renewal or <br />be revoked prior to adjudication of a permanent plan for augmentation, all excavation of the <br />product from below the water table, and all other use of water at the pit, must cease immediately. <br />16. In accordance with amendments to Section §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 if the substitute <br />supply is of a quality to meet requirements of use to which the senior appropriation receiving the <br />substitute supply has normally been put. As such, water quality data or analyses may be requested <br />at any time to determine if the requirement of use of the senior appropriator is met. <br />17. The decision of the state engineer shall not have precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any water court case or any <br />other legal action that may be initiated concerning the SWSP. This decision shall not bind the state <br />engineer to act in a similar manner in any other applications involving other plans or in any proposed <br />renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact loana Comaniciu in Denver at <br />(303) 866 -3581 or Claudia Engelmann in Greeley at (970) 352 -8712. <br />KGR/IDC <br />Sincerely, <br />• <br />Kevin G. Rein, P.E., <br />Assistant State Engineer <br />Attachments: Tables 1, 4, 5, 2A and 2B <br />Affidavit for dedication of GIC shares and the Rural Ditch shares to this SWSP <br />Letter from DRMS dated April 30, 2010 <br />cc: Claudia Engelmann, Assistant Division Engineer (810 9 Street, Ste. 200, Greeley, CO 80631, <br />(970) 352 -8712) <br />George Varra, Water Commissioner District 3 (1400 Hwy 287N, Ft. Collins, CO 80631, (970) <br />484 -1628) <br />Shera Sumerford, Water Commissioner District 5 (1417 25 Avenue, Greeley, Co 80634, (970) <br />352 -5558) <br />Bob Carlson, Water Commissioner District 6 (P.O. Box 380, Erie, Co 80516, (303) 438 -9303) <br />Division of Reclamation Mining and Safety <br />