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Ms. Michelle Johnson <br />25 Ave SWSP Amendment <br />October 3, 2012 <br />groundwater to evaporation, an application for a plan for augmentation must be filed with <br />the Division 1 Water Court at least three years prior to the completion of mining to <br />include, but not be limited to, Tong -term evaporation losses and lagged depletions. If a <br />lined pond results after reclamation, replacement of lagged depletions shall continue until <br />there is no longer an effect on stream flow. Granting of this plan does not imply approval <br />by this office of any such court application(s). <br />13. 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 />14. 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 />pending water court case or any other legal action that may be initiated concerning this <br />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other plans, or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact Jonathan Hernandez <br />in Greeley at (970) 352 -8712 or Joanna Williams in Denver at (303) 866 -3581. <br />Sincerely, <br />atherage, P.E., <br />of Water Supply <br />Attachments: Table Nos. 1B <br />Administration Protocol `Augmentation Plan Accounting, Division One — South Platte 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, Water Commissioner, Water District 3, Mark.Simpson(a�state.co.us <br />951 Wheatridge Cir, Loveland, Colorado <br />Division of Reclamation Mining and Safety <br />JD /jmh /25 Avenue Pit (12 -14 AMENDMENT 1).doc <br />Page 4 <br />