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Heit Pit Substitute Water Supply Plan Page 5 of 5 <br /> April 17, 2023 <br /> Engineer and Water Commissioner, no credit will be allowed for replacement of depletions to the <br /> South Platte River below such diversion structure. <br /> 14. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at any <br /> time the State Engineer determines that injury to other vested water rights has occurred or will <br /> occur as a result of the operation of this SWSR Should this substitute water supply plan expire <br /> without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all <br /> excavation of product from below the water table, and all other use of water at the pit, must <br /> cease immediately. <br /> 15. In accordance with amendments to section 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 substitute <br /> water supply plan is of a quality to meet requirements of use to which the senior appropriation <br /> receiving the substitute supply has normally been put. As such, water quality data or analyses <br /> may be requested at any time to determine if the requirement of use of the senior appropriator is <br /> met. <br /> 16. The decision 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 water court case <br /> or any other legal action that may be initiated concerning this plan. This decision shall not bind <br /> the State Engineer to act in a similar manner in any other applications involving other plans, or in <br /> any proposed 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 the Applicant. <br /> If you have any questions concerning this approval, please contact Wenli Dickinson in Denver at (303) <br /> 866-3581 or Aliyah Santistevan in Greeley at (970) 352-8712. <br /> Sincerely, <br /> for <br /> Joanna Williams, P.E. <br /> Chief of Water Supply <br /> Attachments: April 30, 2010 letter from DRMS <br /> Figure 1 <br /> Tables 1-3 <br /> Administration Protocol "Augmentation Plan Accounting, Division One - South Platte River" <br /> Cc: Aliyah Santistevan, Assistant Division Engineer, Aliyah.SantistevanC-state.co.us <br /> Alec Hernandez, Water Commissioner, District 2, Alec.Hernandez@state.co.us <br /> Brent Schantz, South Platte River Operations Coordinator, Brent.Schantz@state.co.us <br /> Division of Reclamation, Mining and Safety <br /> JMW/idc/wad: 2023-2024 Heit Pit SWSP Approval.docx <br />