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Bucklen Pit SWSP Page 8 of 9 <br /> October 28, 2014 <br /> affidavit dated October 4, 2010 is attached to this letter. For the purposes of this SWSP, this <br /> affidavit will be accepted for the dedication of the shares; however, if the State Engineer <br /> determines that a different affidavit or dedication process is necessary to assure proper <br /> dedication of the shares, additional information may be required prior to future SWSP <br /> approvals. <br /> 18. This substitute water supply plan may be revoked or modified at any time should it be <br /> determined that injury to other water rights has or will occur as a result of this plan. Should <br /> this substitute water supply plan expire without renewal or be revoked prior to adjudication of <br /> a permanent plan for augmentation, all excavation of product from below the water table, <br /> and all other use of water at the pit, must cease immediately. <br /> 19. 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 if this <br /> substitute water supply plan is of a quality to meet requirements of use to which the senior <br /> appropriation receiving the substitute supply has normally been put. As such, water quality <br /> data or analyses may be requested at any time to determine if the requirement of use of the <br /> senior appropriator is met. <br /> 20. 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 this substitute water supply <br /> plan. This decision shall not bind the State Engineer to act in a similar manner in any other <br /> applications involving other SWSPs, or in any proposed renewal of this SWSP, and shall not <br /> imply concurrence with any findings of fact or conclusions of law contained herein, or with the <br /> engineering methodologies used by the Applicant. <br /> Please contact Sarah Brucker in Denver at (303) 866-3581, or Michael Hein in Greeley at (970) <br /> 352-8712, if you have any questions concerning this approval. <br /> Sincerely, <br /> eff D erage, P.E. <br /> Chief of Water Supply <br /> Attachments: Figure 2 <br /> Tables 1 - 5 <br /> City of Aurora Lease Agreement <br /> Letter from DRMS dated April 30, 2010 <br /> Affidavit for dedication of GIC shares to this SWSP <br /> Division One Administration Protocols: "Use of Replacement Sources Not Specifically <br /> Identified in an SWSP or Augmentation Plan" and "Augmentation Plan Accounting, <br /> Division One - South Platte Basin" <br />