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Mr. Peter Wayland Page 7 of 8 <br /> Challenger SWSP <br /> November 17, 2016 <br /> 14.This substitute water supply plan may be revoked or modified at any time should it be <br /> determined that injury to other vested water rights has or will occur as a result of this <br /> plan. Should this plan expire without renewal or be revoked prior to adjudication of a <br /> permanent plan for augmentation, all use of ground water must cease immediately. <br /> 15. Conveyance loss for delivery of the Loveland leased water is subject to assessment and <br /> modification as determined by the division engineer. <br /> 16. In accordance with amendments to §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 if <br /> the substitute supply is of a quality to meet requirements of use to which the senior <br /> appropriation receiving the substituted supply has normally been put. As such, water <br /> quality data or analyses may be requested at any time to determine if the <br /> requirements of use of the senior appropriator are met. <br /> 17. 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 water court case or any other legal action that may be initiated concerning the <br /> substitute water supply plan. This decision shall not bind the State Engineer to act in <br /> a similar manner in any other applications involving other plans or in any proposed <br /> renewal of this plan, 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 /> 18,The dry year analysis required by this office for a permanent plan for augmentation <br /> may vary from the analysis approved in this substitute water supply plan. The decision <br /> of the state engineer shall have no precedential or evidentiary force, shall not create <br /> 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. <br /> This decision shall not bind the state engineer to act in a similar manner in any other <br /> applications involving other plans, or in any proposed renewal of this plan, and shall <br /> not imply concurrence with any findings of fact or conclusions of law contained herein, <br /> or with the engineering methodologies used by the Applicant. <br /> Please contact loans Comaniciu in Denver at (303) 866-3581, or Mike Hein in Greeley <br /> at (970) 352-8712, if you have any questions concerning this approval. <br /> Sincerely, <br /> Jeff De rage P.E. <br /> Chief of Water Supply <br /> Attachments: Tables A11.2, A11.3 <br /> City of Loveland Lease Agreement <br /> Administration Protocol Augmentation Plan Accounting, Division One - South <br /> Platte River <br /> Dry-up Protocol <br />