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Mr. Paul Bruss, P.E. <br /> December 19, 2019 <br /> Page 5 of 5 <br /> 10. 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 SWSP expire without <br /> renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of <br /> water under this SWSP must cease immediately and the Applicant may need to obtain and <br /> present to this office an alternate source of replacement water. <br /> 11. 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. <br /> As such, water quality data or analysis may be requested at any time to determine if the <br /> water quality is appropriate for downstream water users. <br /> 12. 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 concurrence <br /> with any findings of fact or conclusions of law contained herein, or with the engineering <br /> methodologies used by the Applicant. <br /> Should you have any questions, please contact Kate Fuller of this office or Lonnie Spady in our <br /> Division 2 office in La Junta at (719) 384-1000. <br /> Sincerely, <br /> (� ;, -D <br /> Jeff Deatherage, P.E. <br /> Chief of Water Supply <br /> Attachments: Figure 1 <br /> Tables 1 - 4 <br /> August 1, 2017 Water Lease Agreement <br /> ec: Division 2 SWSP Staff <br /> Lonnie Spady, District 17 Water Commissioner <br /> Division of Reclamation, Mining and Safety <br /> Jord Gertson, UAWCD <br /> JD/kff: Rocky Ford East Pit M-77-560 2019-2021 <br />