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Rick Parsons <br />M &G SWSP <br />December 3, 2012 <br />11. 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 <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. <br />12. The operator holds a bond in the amount of $9,700 through DRMS to cover the cost of final <br />reclamation. This bond IS NOT sufficient to ensure backfilling or lining the pit to prevent <br />long term ground water exposure in the event the operator walks away from the site. In <br />order for this SWSP to be renewed, the Applicant must document what steps are <br />being taken with DRMS, and document DRMS's approval of the plan of action to <br />bring the site into compliance with the Colorado Reclamation Act and the Mineral <br />Rules and Regulations for protection of water resources. <br />13. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and Senate Bill 89- <br />181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of use <br />to which the senior appropriation receiving the substitute supply has normally been put. <br />As such, water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <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 />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 />Sincerely, <br />Division of Reclamation, Mining and Safety <br />JD /jmh: M &G Pit_M86079(12).docx <br />Jeff Deatherage, P.E. <br />Chief of Water Supply <br />Attachments: Tables 1 b <br />Platte River Farm: Fulton Ditch Shares Dedication, Dry -up Documentation <br />Fulton Water Lease (Maxine Tower), Dry -up Documentation <br />City of Greeley Water Lease <br />Administration Protocol `Augmentation Plan Accounting, Division One — South Platte River" <br />Cc: Jonathan Hernandez, Water Resource Engineer, Jonathan .Hernandez(c�state.co.us <br />810 9 Avenue, Suite 200, Greeley, Colorado 80631, (970) 352 -8712 <br />Bill Schneider, Water Commissioner District 2, William.Schneider(a�state co.us <br />(970) 381 -0828 <br />Page 5 of 5 <br />