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Mr. Donald Frick y <br />August 15, 2005 ~Ii <br />Page 4 'l <br />V <br />13. Should this substitute water supply plan expire without renewal 'nor be revoked prior to <br />adjudication of a permanent plan for augmentation, all use of ground water must cease <br />immediately. `' <br />14. In accordance with amendments to §25-8-202(7), C.R.S., and Se~'nate Bill 89-181 Rules <br />and Regulations adopted on February 4, 1992, the State Engineer shall determine if the <br />substitute supply is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substituted supply has normally beeri put. As such, water <br />quality data or analyses may be requested at any time to determihe if the requirements <br />of use of the senior appropriator are met. <br />15. The decision of the State Engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />water court case or any other legal action that may be initiated coricerning the substitute <br />water supply 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 this <br />plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />Should you have any questions, please contact Joanna Williams of this office or Mr. Dave <br />Nettles of our Division office in Greeley at (970) 352-0742. <br />Sincerely, ~I„ <br />~,~~~,~~ <br />~, <br />Kevin G. Rein ' <br />Water Resource Engineer <br />Attachments: Table 2, accounting protocol <br />KGR/JMW <br />cc: Dave Nettles, Assistant Division Engineer <br />Scott Edgar, Water Commissioner District 2 <br />DMG <br />