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<br />David Heintz March 22, 2017 <br /> Page 4 of 4 <br />Martin Marietta shall obtain and present to this office an alternate source of replacement <br />water. <br /> <br />10. In accordance with amendments to §25-8-202(7), C.R.S., and “Senate Bill 89-181 Rules and <br />Regulations” adopted on February 4, 1992, the State Engineer shall determine if this <br />substitute water supply plan is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substitute supply has normally been put. As such, water quality <br />data or analyses may be requested at any time to determine if the requirement of use of the <br />senior appropriator is met. <br /> <br />11. 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 this SWSP. This decision shall <br />not 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, and shall not imply concurrence with <br />any findings of fact or conclusions of law contained herein, or with the engineering <br />methodologies used by the Applicant. <br /> <br />Should you have any questions, please contact Caleb Foy of this office or Charlie DiDomenico in our <br />Division 2 office in Pueblo at (719) 542-3368. <br /> <br />Sincerely, <br /> <br /> <br /> <br /> <br />Jeff Deatherage, P.E. <br />Chief of Water Supply <br /> <br />Attachments: Tables 1-3 <br /> AGUA Water Lease Agreement <br /> <br />cc: Steve Witte, Division 2 Engineer (via email) <br /> Bill Tyner & Rachel Zancanella, Assistant Division 2 Engineers (via email) <br /> Steve Stratman, District 14 &15 Water Commissioner (via email) <br /> Doug Hollister, North Regional Team Lead (via email) <br /> Charles DiDomenico, Augmentation Coordinator (via email) <br /> Water Information Team Members (via email) <br /> Division of Reclamation, Mining and Safety <br /> Kevin Salter, Kansas Division of Water Resources <br /> Dale E. Book, Spronk Water Engineers <br /> Kevin Niles, Arkansas Groundwater User Association <br /> <br />JD/crf: M-85-218 Rich Pit 2017-18