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Todd Williams Page 4 <br />December 19, 2011 <br />10. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested 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 the <br />ground water table and all other use of water at the pit must cease immediately. <br />11. The approval of this substitute water supply plan does not relieve the Applicant and /or the <br />landowner of the requirement to obtain a water court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />Tong -term evaporation losses and lagged depletions after gravel mining has ceased. NOTE: <br />If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three (3) years prior to the completion of mining to include, but not be <br />limited to, long -term evaporation losses. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. Granting of this plan does not imply approval by this office of any such court <br />application(s). <br />12. 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 />13. 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 />Please contact Joanna Williams in Denver at (303) 866 -3581, or Jonathan Hernandez in Greeley <br />at (970) 352 -8712, if you have any questions concerning this approval. <br />Sincerely, <br />G. Rein, P.E., <br />ty State Engineer <br />Attachment: Tables 1 through 4 <br />City of Loveland Lease <br />Map of the pre -1981 claimed area <br />Letter from DRMS dated April 30, 2010 <br />cc: Jonathan Hernandez, Water Resource Engineer (810 9 Street, Ste. 200, Greeley, CO <br />80631 (970) 352 -8712) <br />Jason Smith, Water Commissioner, District 4 (810 9 Street, Ste. 200, Greeley, CO 80631, <br />(970) 290 -7397) <br />Division of Reclamation Mining and Safety <br />KGR /JMH /Kauffman Pit -M78 -327 renewal (12) <br />