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Jesse Lee SWSP Pit Page 4 <br /> June 4, 2014 <br /> event, or events, that would lead to the abandonment of the Pit. <br /> 12. 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 plan. <br /> Should this substitute water supply plan expire without renewal or be revoked prior to <br /> adjudication of a permanent plan for augmentation, all excavation of product from below <br /> the water table, and all other use of water at the pit, must cease immediately. <br /> 13. 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 if the <br /> substitute supply is of a quality to meet requirements of use to which the senior <br /> appropriation receiving the substituted supply has normally been put. As such, water <br /> quality data or analyses may be requested at any time to determine if the requirements of <br /> use of the senior appropriator are met. <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 defense in any water <br /> court case or any other legal action that may be initiated concerning the substitute water <br /> supply plan. This decision shall not bind the State Engineer to act in a similar manner in <br /> any 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 this applicant. Any appeal of a <br /> decision made by the State Engineer concerning a SWSP pursuant to C.R.S. §37--90- <br /> 137(11) shall be to the Division 2 water judge within thirty days of the date of this decision <br /> and shall be consolidated with the application for approval of the plan for augmentation. <br /> Please contact loana Comaniciu in Denver at (303) 866-3581, or Charlie DiDomenico in <br /> Pueblo at (719) 542-3368, if you have any questions concerning this approval. <br /> Sincere y, <br /> eidi Frey, P.E. <br /> Water Resource Engineer <br /> Enclosure: Upper Arkansas Water Conservation District Lease <br /> cc: Steve Witte, Division Engineer <br /> Julie Pearson, Assistant State Engineer <br /> Brian Sutton, Water Commissioner, District 11 <br /> Division of Reclamation, Mining, and Safety <br /> HF/IDC-Jesse Lee Pit M-84-043 2013-2014.doc <br />