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Mr. Rick Parsons, P.E. <br /> October 27, 2014 <br /> Page 4 <br /> adjudication of a permanent plan for augmentation, all excavation of product from below the <br /> water table, and all other use of water at the pit, must cease immediately. <br /> 11. 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 /> 12. The decision of the State Engineer shall have no precedential or evidentiary force, shall not <br /> create any presumptions, shift the burden of proof, or serve as a defense in any water court <br /> case or any other legal action that may be initiated concerning the substitute water supply plan. <br /> This decision shall not bind the State Engineer to act in a similar manner in any other <br /> applications involving other plans or in any proposed renewal of this plan, and shall not imply <br /> concurrence with any findings of fact or conclusions of law contained herein, or with the <br /> engineering methodologies used by the Applicant. <br /> Should you have any questions, please contact Ioana Comaniciu of this office or Dean Santistevan <br /> of our Division office in Greeley at (970) 352-0742. <br /> Sincerely, <br /> * D <br /> Jeff Deatherage, P.E. <br /> Chief of Water Supply <br /> Attachments:Table 2 <br /> Administration Protocol `Augmentation Plan Accounting, Division One— South Platte River" <br /> cc: Dean Santistevan, Assistant Division Engineer, Dean.Santistevan(a_state.co.us <br /> 810 9" Street, 2nd Floor, Greeley, Colorado 80631, 970-352-8712 <br /> Bill Schneider, District 2 Water Commissioner, WilliamWilliam.Schneider�state.co.us <br /> 810 9t' Street, 2nd Floor, Greeley, Colorado 80631, 970-352-8712 <br /> Colorado Division of Reclamation Mining and Safety <br /> JD/JMW/idc <br />