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Todd Williams <br />Kauffman No. 1 SWSP <br />January 7, 2013 <br />Page 4 <br />reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three (3) years prior to the completion of mining to include, but not be <br />limited to, Tong -term evaporation losses. If a Tined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. Granting of this plan does not imply approval by this office of any such court <br />application(s). <br />12. 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 />13. 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 Greeley <br />at (970) 352 -8712, if you have any questions concerning this approval. <br />Sincerely, <br />atherage, P.E. <br />Chief of Water Supply <br />Attachment: Tables 3, 5 <br />City of Loveland Lease <br />Map of the pre -1981 claimed area <br />cc: Jonathan Hernandez, Water Resource Engineer, Jonathan.hernanderstate.co.us <br />810 9 Street, Ste. 200, Greeley, CO 80631, (970) 352 -8712 <br />Jason Smith, Water Commissioner, District 4, jason.smith2(a�state.co.us <br />810 9 Street, Ste. 200, Greeley, CO 80631, (970) 290 -7397 <br />Division of Reclamation Mining and Safety <br />JD /JMH /Kauffman Pit -M78 -327 renewal (13) <br />