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Mr. Joe Kraig <br />Heit SWSP <br />August 17, 2012 <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 accounting <br />forms to the division engineer and water commissioner. <br />13. Replacement of lagged depletions shall continue until there is no longer an effect on stream <br />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 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 the <br />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 if <br />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 use <br />of the senior appropriator is met. <br />16. 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 />Please contact Joanna Williams 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 />JD /jmh: Heit Pit M -03 -016 (12 -13) approval <br />Sincerely, <br />.• <br />e-atherage, P.E. <br />Chi- of Water Supply <br />sa,s <br />Page 4 of 4 <br />Attachments: Tables 1 -3 <br />City and County of Broomfield Lease (2 Extension) <br />Administration Protocol `Augmentation Plan Accounting, Division One — South Platte River" <br />Cc: Jonathan Hernandez, Water Resource Engineer, Jonathan Hernandez(a)state.co.us <br />810 9 Avenue, Suite 200, Greeley, Colorado 80631, (970) 352 -8712 <br />Bill Schneider, Water Commissioner District 2, William.Schneiderstate.co.us <br />(970) 381 -0828 <br />Division of Reclamation, Mining and Safety <br />