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Michelle L. Hatcher <br />NCCI Pit #1 SWSP <br />April 14, 2015 <br />Page 5 of 5 <br />17. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and "Senate Bill 89 -181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute <br />water supply plan is of a quality to meet requirements of use to which the senior appropriation <br />receiving the substitute supply has normally been put. As such, water quality data or analyses may <br />be requested at any time to determine if the requirement of use of the senior appropriator is met. <br />18. 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 comments or questions, please contact Dean Santistevan, Assistant <br />Division Engineer in Greeley, at 970 - 352 -8712, or Joanna Williams of this office. <br />Sincerely, <br />Jeff D atherage, P.E. <br />Chief of Water Supply <br />Attachments: Tables 2 through 4 <br />Figure 2 <br />Augmentation Plan Accounting, Division One — South Platter River <br />cc: Dean Santistevan, Assistant Division Engineer, Div1AccountingCc- state.co.us <br />810 9th Avenue, Suite 200, Greeley, CO 80631; (970) 352 -8712 <br />William Schneider, Water Commissioner, District 2, wi Ilia m.schneider a.state.co.us <br />810 9th Avenue, Suite 200, Greeley, CO 80631; (970) 381 -0828 <br />Division of Reclamation, Mining and Safety <br />JD /jmw: M- 2001- 107_Approval 2015.docx <br />