Laserfiche WebLink
Mr. Pete Foster <br />October 21, 2013 <br />Page 4 of 4 <br />12. 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 the <br />pending water court case or any other legal action that may be initiated concerning the <br />SWSP. This decision shall not bind the State Engineer to act in a similar manner in any <br />other applications involving SWSPs or in any proposed renewal of this SWSP, and shall <br />not imply concurrence with any findings of fact or conclusions of law contained herein, <br />or with the engineering methodologies used by the Applicant. Any appeal of a decision <br />made by the State Engineer concerning a SWSP pursuant to CR.S. §37 -92- 308(5) <br />and 37 -92- 308(5) shall be to the Division 2 water judge within thirty days of the date of <br />this decision and shall be consolidated with the application for approval of the plan for <br />augmentation. <br />Please contact loana Comaniciu of this office or Rege Leach, Division Engineer, in <br />Durango at (970) 247 -1845, if you have any questions concerning this approval. <br />Sincerely, <br />,4 :A �. L <br />Kevin G. Rein, P.E. <br />Deputy State Engineer <br />Attachments: Tables 1, 2, & 3 <br />Appendix A <br />Figure 1 <br />cc: Rege Leach, Division 7 Engineer <br />Wally Patcheck, Water Commissioner, Water District 34 <br />Division of Reclamation, Mining and Safety <br />KGR /hcf /idc. 13 -14 simmons pit308(5) <br />