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Mr. Abdullah Javed, El <br />December 3, 2020 <br />Page 6 of 6 <br />12. The replacement water that is the subject of this SWSP cannot be sold or leased to <br />any other entity without the prior approval of the Division Engineer. As a condition <br />of subsequent renewals of this SWSP, the replacement water must be appurtenant <br />to this site until a plan for augmentation is obtained. All replacement water must <br />be concurrent with depletions in quantity, timing and locations. <br />13. In accordance with amendments to 525-8-202(7), C.R.S., and "Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute supply is of a quality to meet requirements of use to <br />which the senior appropriation receiving the substitute supply has normally been <br />put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirement of use of the senior appropriator is met. <br />14. 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 defense in <br />any water court case or any other legal action that may be initiated concerning the <br />SWSP. This decision shall not bind the State Engineer to act in a similar manner in <br />any other applications involving other plans or in any proposed renewal of this <br />SWSP, 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 />Please contact Kate Fuller in Denver at (303) 866-3581, or Doug Hollister in the <br />Division 2 office in Colorado Springs at (719) 227-5291, if you have any questions <br />concerning this approval. <br />Sincerely, <br />Jeff Deatherage, P.E. <br />Water Supply Chief <br />Attachments: Tables 1-5 <br />Water Accounting Forms <br />ec: Division 2 SWSP Staff <br />Doug Hollister, District 10 Water Commissioner <br />Division of Reclamation, Mining and Safety <br />JD/kff: Fountain Pit M-82-155 SWSP 20.docx <br />