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Mr. Andrew Rodriguez <br />December 21, 2004 <br />Page 4 <br />11. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product <br />from below the water table, and all other use of water at the pit, must cease <br />immediately. <br />12. In accordance with amendments to §25-8-202(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 water supply plan is of a quality to meet requirements of <br />use to which the senior appropriation receiving the substitute supply has normally <br />been 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 />13. 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 <br />in any water court case or any other legal action that may be initiated conceming <br />the substitute water supply plan. This decision shall not bind the State Engineer to <br />act in a similar manner in any other applications involving other plans or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of <br />fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />Please contact Joanna Williams in Denver at (303) 866-3581, or Scott Cuthbertson in <br />Greeley at (970) 352-8712, if you have any questions conceming this approval. <br />Sincerely, <br />~~ "7/ <br />Eck Wolfe P.E. <br />Chief of Water Supply <br />Attachments <br />DW%JMW <br />cc: Scott Cuthbertson, Assistant Division Engineer <br />Robert Stahl, Water Commissioner, District 2 <br />Mark McLean, Tetra Tech RMC, Inc. <br />DMG <br />