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Mr. Wayland <br />Goose Haven #2 Expansion SWSP <br />January 9, 2013 <br />final reclamation plan is a lined reservoir, an augmentation plan is not required to be filed <br />in court. <br />15. 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. In <br />addition, lack of timely accounting may prevent proper administration, which may lead to <br />revocation or modification of this plan. <br />16. 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 />17. 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 />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the state engineer to act in a similar <br />manner in any other applications involving other plans or in any proposed renewal of this <br />plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />Should you have any questions, please contact Joanna Williams of this office Jonathan <br />Hernandez of our Division office in Greeley at (970) 352 -8712. <br />Attachments: Tables AI.1, AI.2, AI.5, AI.6 <br />City of Lafayette Lease Letter <br />April 30, 2010 DRMS letter <br />Division of Reclamation, Mining and Safety <br />Sincerely, <br />JD /jmh: Goose Haven 2 Expansion Approval (2013_2014).docx <br />Jeff Deatherage, P.E. <br />Chief of Water Supply . <br />Cc: Jonathan Hernandez, Water Resource Engineer, jonathan.hernanderstate.co.us <br />state.co.us <br />810 9 Street, Suite 200, Greeley, CO 80631, (970) 352 -8712 <br />Bob Carlson, Water Commissioner District 5, bob.carlsonstate.co.us <br />PO Box 380, Erie, CO 80516 <br />Page 5 of 5 <br />