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7 <br />5% <br />15% <br />8 <br />0% <br />10% <br />Peter Wayland <br />July 23, 2012 <br />Page 7 <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 />14. 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 />15. 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 />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 />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 />Should you have any questions, please contact Ioana Comaniciu of this office or Jonathan <br />Hernandez of our Division office in Greeley at (970) 352 -0742. <br />Division of Reclamation Mining and Safety <br />KGR/JMW /IDC <br />Sincerely, <br />diszi <br />G. Rein, P.E. <br />ty State Engineer <br />Attachments: Figure 2, Tables AI.1, AI.3 and AI.4 <br />Affidavit for dedication of water rights <br />City of Loveland Lease <br />Administration Protocol Augmentation Plan Accounting, Division One — South <br />Platte River <br />Dry-up Protocol <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 <br />80631 (970) 290 -7397) <br />