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Mr. Jared Dains, E.I. <br />Loloff SWSP —Amendment #1 <br />May 28, 2013 <br />Page 6of6 <br />exposure of ground water. The Loloff Pit is not in compliance with this requirement. On <br />September 7, 2012 DRMS sent a letter to Loloff Construction outlining options to bring <br />the pit into compliance. Future SWSPs will not be renewed unless Loloff can show a <br />good faith effort in obtaining compliance and document the steps taken and result <br />of this effort. <br />16. This SWSP does not authorize any dewatering operations until a Technical Revision is <br />approved by DRMS to allow such dewatering operations to occur under their DRMS <br />mining permit. <br />17. This SWSP may be revoked or modified at any time should it be determined that injury <br />to other vested water rights has or will occur as a result of this SWSP. Should this <br />SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />18. 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 />19. 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 Joanna Williams in <br />Denver at (303) 866 -3581 or Dean Santistevan in Greeley at (970) 352 -8712. <br />Sincerely, <br />(Jeff D atherage, P.E. <br />hief f Water Supply <br />Attachments: Table 1 (rev. 5/16/2013) <br />Water Lease Agreement (Graham Ditch) <br />Water Lease (City of Aurora) <br />Augmentation Plan Accounting Protocol <br />cc: Dean Santistevan, Assistant Division Engineer, dean.santistevan(CDstate.co.us <br />8109 th Street, Suite 200, Greeley, CO 80631; (970) 352 -8712 <br />Mark Simpson, Water Commissioner District 3, mark.simgson(a)state.co.us <br />951 Wheatridge Cir., Loveland, CO 80537; (970) 420 -9568 <br />Bill Schneider, Water Commissioner District 2, william.schneider(a)-state.co.us <br />810 9t' Street, Ste. 200, Greeley, CO 80631; (970) 352 -8712 <br />Division of Reclamation Mining and Safety <br />JD /jmh: Loloff Pit 2013 SWSP AMENDMENT.docx <br />