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Mr. Jared Dains <br />Timnath- Connell SWSP <br />March 30, 2012 <br />obtained in 1999 through DRMS. Therefore, if the dewatering is discontinued, this bond <br />can finance the completion of the lining of this pit or the backfilling, thus preventing <br />depletions to the stream system. The Applicant is required to maintain this bond until the <br />pit is adequately lined or backfilled, and all lagged stream depletions have been replaced. <br />Documentation that this bond is sufficient to cover the reclamation plan, in light of the April <br />30, 201 letter, has not been provided to our office. Future SWSP renewals may limit the <br />annual amount of ground water to be appropriated to not exceed the amount approved <br />herein until compliance with the DRMS letter is documented, or if DRMS specifically finds <br />the existing bond is insufficient. <br />19. In accordance with amendments to §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 <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />20. 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 <br />applications involving other plans, or in any proposed renewal of this plan, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />Should you have any questions or comments, please contact Jonathan Hernandez in <br />Greeley at (970)- 352 -8712 or Joanna Williams in Denver at (303)- 866 -3581. <br />Division of Reclamation, Mining and Safety <br />KG R /jmhfTimnath- Connell 2012- 13.docx <br />Sincerely, <br />n G. Rein, P.E. <br />Deputy State Engineer <br />pazzo4 Coy <br />Attachments: Table 2 and 6 <br />April 2010 DRMS Letter <br />Administration Protocol `Augmentation Plan Accounting, Division One — South Platte River" <br />Administration Protocol "Dry-Up of Irrigated Land, Division One — South Platte River" <br />Cc: Jonathan Hernandez, Water Resource Engineer, Div1Accountingstate.co us <br />810 9 Street, Suite 200, Greeley, CO 80631 <br />George Varra, Water Commissioner, Water District 3, George.Varra @state.co.us <br />1400 Hwy 287 N, Fort Collins, CO 80524 <br />Page 6 <br />