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Mr. Joe Kraig Page 4 of 4 <br />December 30, 2011 <br />effluent from Broomfield's wastewater treatment plant controlled by Broomfield, showing <br />the total volume of water under its control and the amount committed to each of the <br />recipients of the water. <br />12. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <br />13. If a Tined pond results after reclamation of the mine site, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. <br />14. 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 <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. <br />15. 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 />16. 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 />Please contact Sarah Brucker in Denver at (303) 866 -3581, or Jonathan Hernandez in <br />Greeley at (970) 352 -8712, if you have any questions concerning this approval. <br />Attachments: Tables 1 -3 <br />City and County of Broomfield Lease <br />First Extension to Lease Agreement <br />Sincerely, <br />G. Rein, P.E. <br />De •'uty State Engineer <br />oi/ <br />Cc: Jonathan Hernandez, Water Resource Engineer, Div1Accounting(state.co.us <br />810 9 Avenue, Suite 200, Greeley, Colorado 80631, (970) 352 -8712 <br />Bill Schneider, Water Commissioner District 2, William.Schneider(a)state.co.us <br />(970) 381 -0828 <br />Division of Reclamation, Mining and Safety <br />KGR /srb: Heit Pit M -03 -016 2011 approval 2nd amendment <br />