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Mr. Paul Bruss, P.E. <br /> September 2, 2020 <br /> Page 6 of 6 <br /> evaporation losses and lagged depletions. If a lined pond results after reclamation, <br /> replacement of lagged depletions shall continue until there is no longer an effect on <br /> streamflow. Granting of this plan does not imply approval by this office of any such <br /> court application(s). <br /> 14. The State Engineer may revoke this SWSP or add additional restrictions to its operation <br /> if at any time the State Engineer determines that injury to other vested water rights <br /> has occurred or will occur as a result of the operation of this SWSP. Should this SWSP <br /> expire without renewal or be revoked prior to adjudication of a permanent plan for <br /> augmentation, all use of water under this SWSP must cease immediately and the <br /> Applicant shall obtain and present to this office an alternate source of replacement <br /> water. <br /> 15. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill <br /> 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br /> determine whether or not the substitute supply is of a quality to meet requirements of <br /> use to senior appropriators. As such, water quality data or analysis may be requested <br /> at any time to determine if the water quality is appropriate for downstream water <br /> users. <br /> 16. 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 pending water court case or any other legal action that may be initiated <br /> concerning this plan. This decision shall not bind the State Engineer to act in a similar <br /> manner in any other applications involving other plans, or in any proposed renewal of <br /> this plan, and shall not imply concurrence with any findings of fact or conclusions of <br /> law contained herein, or with the engineering methodologies used by the Applicant. <br /> Should you have any questions, please contact Kate Fuller of this office or Joseph Regur in the <br /> Division 2 office in Pueblo at (719) 542-3368. <br /> Sincerely, <br /> A f -D <br /> Jeff Deatherage, P.E. <br /> Water Supply Chief <br /> Attachments: Figure 1 <br /> Tables 1-5 <br /> ec: Division 2 SWSP Staff <br /> Steve Stratman, WD 14/15 Water Commissioner <br /> Doug Hollister, North Regional Team Leader <br /> Division of Reclamation, Mining, and Safety <br /> JD/kff:Transit Mix Pueblo East Pit 2020-22 <br />