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Dan Platt <br />February 4, 2015 <br />Page 4 <br />beginning of the Plan Year and placed in the State Engineer's Augmentation Account in <br />Twin Lakes for release by CC &V and UAWCD in consultation with the Division <br />Engineer The full yield of the Twin Lakes shares will be released for the benefit of this <br />Plan unless UAWCD indicates that the other sources are to be used first. <br />In order to be consistent with the Allocation Principles of the Southeastern Colorado <br />Water Conservancy District, leases of water committed to CC &V by UAWCD will be <br />assumed to be Twin Lakes water administered pursuant to Condition 4 above unless <br />specified otherwise in writing by Upper Arkansas Water Conservancy District. The <br />source of water from UAWCD cannot be Frying pan- Arkansas Project water or return <br />flows there from unless specifically authorized in writing by Southeastern. <br />6. Applicant may store water exchanged pursuant to this SWSP in Project Facilities for use <br />outside Southeastern's boundaries only so long as it has an annual contract and such <br />storage and use is within the effective time period of such contract. Applicant's water <br />stored in Project Facilities for use outside Southeastern is subject to evacuation <br />consistent with Article 13(a) of Contract No 5- 07- W0086, as amended, between <br />Southeastern and Reclamation, or the parallel provision of any successor contract <br />governing the evacuation of water stored in the presently existing capacity of Project <br />Facilities. <br />7. The use of the City of Victor water rights is accepted for this plan period pending the <br />outcome of Case No. 02CW122. <br />S. This plan may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this plan. <br />9. The decision of the State Engineer shall not create any presumptions, shift the burden of <br />proof, or serve as a defense in the pending water court case or any other legal action <br />that may be initiated concerning the substitute water supply plan. This decision shall not <br />bind the State Engineer to act in a similar manner in any other applications involving <br />other plans or in any proposed renewal of this plan. Any appeal of the decision made by <br />the State Engineer concerning this substitute water supply plan pursuant to 37- 92- 308(4) <br />shall be to the division water judge within thirty days of the date of this decision and shall <br />be consolidated with the application for approval of the plan for augmentation. <br />Should you have any questions, please contact Melissa Peterson of this office or Charlie <br />DiDomenico, in our Division 2 office in Pueblo at (719) 542 -3368. <br />Sincerely, <br />e' <br />Kevin G. Rein, P.E. <br />Deputy State Engineer <br />cc Steve Witte, Division Engineer <br />Bill Tyner and Julie Pearson, Assistant Division Engineers <br />Josh Kasper, Water Commissioner District 12 <br />Charlie DiDomenico, Augmentation Coordinator <br />