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Jesse Lee SWSP Pit <br />February 5, 2015 <br />Page 5 <br />without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all excavation of product from below the water table, and all other use of <br />water at the pit, must cease immediately. <br />14. In accordance with amendments to 525 -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 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 <br />of use of the senior appropriator are met. <br />15. 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 SWSP. This <br />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 <br />imply concurrence with any findings of fact or conclusions of law contained herein, or <br />with the. engineering methodologies used by this applicant. <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 />Sincerely, <br />Jxfathe—r4aglel,�P .E. <br />Chief of Water Supply <br />Enclosure: Tables 1, 2, and 3 <br />Upper Arkansas Water Conservancy District Lease <br />DRMS Letter <br />cc: Steve Witte, Division Engineer <br />Julie Pearson, Assistant Division Engineer <br />Brian Sutton, Water Commissioner, District 11 <br />Rachel Zancanella, Water Resources Engineer <br />Andy Flor, Water Information Team Work Leader <br />Division of Reclamation, Mining, and Safety <br />JD /IDC: Jesse Lee Pit M -84 -043 2014- 2015.doc <br />