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25th Avenue Pit SWSP, (Amendment) Page 9 of 9 <br />May 30, 2017 <br /> <br />17. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at <br />any time the State Engineer determines that injury to other vested water rights has occurred <br />or will occur as a result of the operation of this SWSP. Should this supply plan expire without <br />renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of <br />ground water must cease immediately. <br />18. 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 />19. 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 <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />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 />If you have any questions concerning this approval, please contact Michael Hein in Greeley <br />at (970) 352-8712 or Ioana Comaniciu in Denver at (303) 866-3581. <br /> Sincerely, <br /> <br /> <br /> Jeff Deatherage, P.E. <br /> Chief of Water Supply <br /> <br />Attachments: Figure 1 <br /> Tables 13A, 13B, and 4 <br /> Administration Protocol “Augmentation Plan Accounting, Division One – South Platte <br />River” <br /> Dry-Up Protocol <br /> <br />Cc: Michael Hein, Assistant Division Engineer, Michael.Hein@state.co.us <br />810 9th Avenue, Suite 200, Greeley, Colorado 80631, (970)-352-8712 <br /> <br />Mark Simpson, Water Commissioner, Water District 3, Mark.Simpson@state.co.us <br /> <br />Division of Reclamation Mining and Safety <br /> <br />JD/TLK/idc: 25th Avenue Pit 2017-2019 (amendment) <br /> <br /> <br />for