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Depth to Ground <br />Water (Feet) <br />Percent Reduction in CU Credit' <br />Native Grass <br />Alfalfa <br />1 <br />85% <br />100% <br />2 <br />50% <br />90% <br />3 <br />30% <br />75% <br />4 <br />20% <br />50% <br />5 <br />15% <br />35% <br />6 <br />10% <br />20% <br />7 <br />5% <br />15% <br />8 <br />0% <br />10% <br />Peter Wayland <br />Nelson Mining Resource SWSP <br />February 1, 2012 <br />Page 6 <br />from any dried up fields containing alfalfa or native grass was assessed in the following <br />manner: <br />(a) For fields deep tilled or chemically treated to successfully kill alfalfa or native grass, <br />100% credit will be given for consumptive use as otherwise computed under the <br />conditions of this approval. <br />(b) For fields not deep tilled or chemically treated to successfully kill alfalfa, records of <br />monthly monitoring of depth to groundwater at existing irrigation wells or existing or <br />new monitoring wells or piezometers within % -mile of each alfalfa or native grass <br />field must be maintained. Credits will be reduced according to the following table <br />when depth to groundwater is less than the depth assumed to provide no significant <br />contribution to alfalfa growth. Measurements taken at the start of each month will <br />determine the necessary reduction in credit to be applied during the following month. <br />The applicant may use another methodology upon review and approval by the State <br />Engineer <br />1. Adapted from EVAPOTRANSPIRATION AND AGRONOMIC RESPONSES IN FORMERLY <br />IRRIGATED MOUNTAIN MEADOWS, South Park, Colorado, March 1, 1990; Revised <br />September 1, 1991 <br />15. 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 />16. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and "Senate Bill 89 -181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />if this substitute water supply plan is of a quality to meet requirements of use to which the <br />senior appropriation receiving the substitute supply has normally been put. As such, water <br />quality data or analyses may be requested at any time to determine if the requirement of <br />use of the senior appropriator is met. <br />17. 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 />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other plans or in any proposed renewal of this <br />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 />