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Mr. Paul Bruss <br />September 15, 2015 <br />Page 5 of 5 <br />12. In accordance with amendments to Section 25-8-202-(7), C.R.S., and "Senate Bill 89- <br />181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine whether or not the substitute supply is of a quality to meet requirements of <br />use to senior appropriators. As such water quality data or analysis may be requested <br />at any time to determine if the water quality is appropriate for downstream water <br />users. <br />13. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as a defense in <br />any pending water court case or any other legal action that may be initiated <br />concerning the SWSP. This decision shall not bind the State Engineer to act in a <br />similar manner in any other applications involving other SWSP or in any proposed <br />renewal of this SWSP, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies used by <br />the Applicant. <br />Should you have any questions, please contact Caleb Foy of this office or Charlie DiDomenico <br />in our Division 2 office in Pueblo at (719) 542-3368. <br />Sincerely, <br />Jeff Deatherage, P.E. <br />Chief of Water Supply <br />Attachments: Figure 1 <br />Tables 1, 2a-1, 2a-2 <br />August 29, 2014 Water Lease Agreement <br />cc: Steven J. Witte, Division 2 Engineer (via email) <br />Bill Tyner, Division 2 Assistant Engineer (via email) <br />Josh Kasper, District 12 Water Commissioner (via email) <br />Charlie DiDomenico, Augmentation Coordinator (via email) <br />Rachel Zancanella, Division 2 (via email) <br />Kathy Trask, Division 2 (via email) <br />Division of Reclamation, Mining, and Safety <br />JD/crf: Canon City East Pit 2015.2017 <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us <br />1876 <br />