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Mr. Frank Healey Page 4 <br />December 23, 2013 <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the ground water table and all other use of water at the pit must cease immediately. <br />13. In accordance with amendments to Section 25 -8- 202 -(7), C.R.S. and "Senate Bill 89 -181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine whether or not the substitute supply is of a quality to meet requirements of <br />use to senior appropriators. As such, water quality data or analysis may be requested at <br />any time to determine if the water quality is appropriate for downstream water users. <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 />Should you have any questions regarding this SWSP, please contact Charles DiDomenico <br />in Pueblo at (719) 542 -3368, or loana Comaniciu in Denver at (303) 866 -3581. <br />X e) , <br />Heidi Frey, E. <br />Water Resource Engineer <br />Attachments: Tables 1 & 2 <br />Figure 2 <br />AGUA Lease <br />cc: Steven J. Witte, Division 2 Engineer (via email) <br />Lonnie Spady, District 17 Water Commissioner (via email) <br />Division of Reclamation Mining and Safety <br />HCF /idc: North River Pit 2014 SWSP.docx <br />