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Pau[ Noto <br />Aprit 10, 2020 <br />Page 4 of 5 <br />be limited to commercial drinking and sanitary facilities and irrigation uses associated <br />with the proposed growing facilities described herein. <br />3. Conveyance loss for delivery of augmentation water is subject to assessment and <br />modification as determined by the Division Engineer. <br />4. All diversions must be measured in accordance with the Division 2 Functional <br />Standards pursuant to 937-84-112, C.R.S., attached. <br />5. Accounting of water in this SWSP, including diversions from the Clevenger Red Creek <br />System, metered irrigation use, and replacement water deliveries reduced for any <br />applicable transit losses (on a monthly basis) must be provided to the Division Engineer <br />Aqgmgatation.Cordinator state.co.) on forms and at times acceptable to them. <br />Said accounting must be received by the 10' of the month following the month being <br />reported. <br />6. The name, mailing address, email address, and phone number of the contact person <br />who is responsible for operation and accounting of this SWSP must be provided on the <br />accounting forms. <br />7. Replacement water shall be made available to replace all out -of -priority depletions in <br />time, location, and amount, and shall be made available under the direction and/or <br />approval of the Water Commissioner. The replacement water that is the subject of this <br />SWSP cannot be sold or [eased to any other entity. <br />8. 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 or will occur as a result of the operation of this SWSP. Should this SWSP expire <br />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. <br />9. 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 the SWSP. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other SWSPs or in any proposed renewal of <br />this 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 />Any appeal of a decision made by the State Engineer concerning an SWSP pursuant to <br />937-92-308(4), C.R.S., shall be to the Division 2 Water Judge within thirty days of the <br />date of this decision and shall be consolidated with the pending Case No. 19CW3062.