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Mr. Mark McLean, P.E. April 20, 2017 <br /> Page 5 of 5 <br /> depletions (including refilling of the pit) will be replaced, in time, place and amount. If <br /> dewatering of the site is discontinued, the pit would fill and cause additional depletions to the <br /> stream system due to increased evaporation. <br /> 12. 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 whether or <br /> not the substitute supply is of a quality to meet requirements of use to senior appropriators. As <br /> such, water quality data or analysis may be requested at any time to determine if the water <br /> quality is appropriate for downstream water users. <br /> 13. 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 pending water <br /> court case or any other legal action that may be initiated concerning the SWSP. This decision <br /> shall not bind the State Engineer to act in a similar manner in any other applications involving <br /> other SWSP or in any proposed renewal of this SWSP, and shall not imply concurrence with any <br /> findings of fact or conclusions of law contained herein, or with the engineering methodologies <br /> used by the Applicant. <br /> Should you have any questions, please contact Caleb Foy of this office or Charlie DiDomenico, in <br /> our Division 2 office in Pueblo at (719) 542-3368. <br /> Sincerely, <br /> ov -D <br /> Jeff Deatherage, P.E. <br /> Chief of Water Supply <br /> Enclosures: Figure 1 <br /> Tables 1-4 <br /> April 1, 2016 Water Lease Agreement <br /> cc: Division 2 SWSP Staff (via email) <br /> Steve Stratman, District 14/15 Water Commissioner (via email) <br /> Doug Hollister, North Regional Team Leader, Districts 10,14,15 (via email) <br /> Division of Reclamation, Mining and Safety (via email) <br /> JD/CRF: Evans No 2 Pit 2017-2018 <br />