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Ms. Michelle Johnson <br />25 Ave SWSP <br />July 20, 2012 <br />limited to, long -term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an effect <br />on stream flow. Granting of this plan does not imply approval by this office of any such court <br />application(s). <br />13. 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 />14. 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 />If you have any questions concerning this approval, please contact Jonathan Hernandez in <br />Greeley at (970) 352 -8712 or Joanna Williams in Denver at (303) 866 -3581. <br />Sincerely, <br />Division of Reclamation Mining and Safety <br />JD /jmh /25 Avenue Pit (12- 14).doc <br />eatherage, P.E., <br />of of Water Supply <br />Page 5 <br />Attachments: Table Nos. 1, 3 and 4 <br />Administration Protocol "Augmentation Plan Accounting, Division One — South Platte <br />River" <br />Cc: Jonathan Hernandez, Water Resource Engineer, Jonathan.Hernanderstate.co.us <br />810 9 Avenue, Suite 200, Greeley, Colorado 80631, (970)- 352 -8712 <br />Mark Simpson, Acting Water Commissioner, Water District 3, Mark.Simpsonstate.co.us <br />951 Wheatridge Cir, Loveland, Colorado <br />