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Mr. Jared Dains <br />East Rigden Pit Substitute Water Supply Plan (M -79 -097) <br />March 19, 2014 <br />Page 6 <br />16. 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 such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />17. The decision of the state engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any pending water court case <br />or any other legal action that may be initiated concerning this plan. This decision shall not bind the <br />state engineer to act in a similar manner in any other applications involving other plans, or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact loana Comaniciu in Denver at <br />(303) 866 -3581 or Michael Hein in Greeley at (970) 352 -8712. <br />{ <br />Sincerely, ! <br />Jeff D e, <br />P.E. <br />V Chief of Water Supply <br />Attachments: Figure 1, Table 1 <br />City of Fort Collins letter <br />Augmentation Protocol `Augmentation Plan Accounting, Division One — South Platte River" <br />cc: Michael Hein, Assistant Division Engineer, michael.hein(a).state.co.us <br />Mark Simpson, Water Commissioner District 3, mark.simpson(a)-state.co.us <br />Division of Reclamation Mining and Safety <br />JD/TLK/idc: East Rigden Pit 2014 SWSP.docx <br />