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Mr. Pete Foster Page 4 of 4 <br /> September 30, 2014 <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 Caleb Foy of this office or Robert Genualdi, Division Engineer, in Durango <br /> at (970) 247-1845, if you have any questions concerning this approval. <br /> Sincerely, <br /> Kevin G. Rein, P.E. <br /> Deputy State Engineer <br /> Attachments: Tables 1, 2, & 3 <br /> Appendix A <br /> Figure 1 <br /> cc: Robert Genualdi, Division 7 Engineer <br /> Wally Patcheck, Water Commissioner, Water District 34 <br /> Division of Reclamation, Mining and Safety <br /> KGR/hcf/crf: 14-15 simmons pit308(5) <br />