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Mr. Gabe Racz Page 5 of 6 <br /> November 28, 2016 <br /> Plan unless UAWCD indicates that the other sources are to be used first. <br /> 6. 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#5 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 /> 7. 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 /> 8. The use of the City of Victor water rights is accepted for this plan period pending the <br /> outcome of Case No. 02CW122. <br /> 9. Replacement water is to be made available to replace all out-of-priority depletions in <br /> time, location, and amount, and shall be made available under the direction and/or <br /> approval of the Water Commissioner. <br /> 10.This SWSP may be revoked or modified at any time should it be determined that injury <br /> to other vested water rights has or will occur as a result of the operation of this plan. <br /> 11.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 a defense in the <br /> pending water court case or any other legal action that may be initiated concerning the <br /> SWSP. This decision shall not bind the state engineer to act in a similar manner in any <br /> other applications involving other SWSPs or in any proposed renewal of this SWSP, and <br /> shall not imply concurrence with any findings of fact or conclusions of law contained <br /> herein, or with the engineering methodologies used by the Applicant. Any appeal of a <br /> decision made by the State Engineer concerning an SWSP pursuant to§37-92-308(4), <br /> C.R.S., shall be to the Division 2 Water Judge within thirty days of the date of this <br /> decision and shall be consolidated with the application pending in consolidated Case <br /> Nos. 02CW122 and 10CW31. <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 /> Jeff Deatherage, P.E. <br /> Water Supply Chief <br />