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Ms. Miranda C. Larsen <br />Latimer Pit, M-74-069 <br />May 19, 2005 <br />Page 4 <br />17. In accordance with amendments to Section §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 determine if <br />this substitute water supply plan is of a qualityto meet requirements of use to which the senior <br />appropriation receiving the substitute supply has normally been put. As such, water quality <br />data or analyses maybe requested at any time to determine if the requirement of use of the <br />senior appropriator is met. <br />18. The decision of the State Engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in anywatercourt <br />case or any other legal action that may be initiated concerning the substitute water supply <br />plan. This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other plans or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />if you have any questions, please contact Joanna Williams of this office in Denver at 866- <br />3581, or Dave Nettles, Assistant Division Engineer, in Greeley at (970) 352-8712, <br />Sincerely, <br />~~~~~~ <br />Kevin G. Rein <br />Water Resource Engineer <br />cc: Dave Nettles, Assistant Division Engineer, 810 9~' Avenue, Suite 200, Greeley, Colorado <br />80631,(970)-352-8712 <br />Fred Renner, Water Commissioner, 418 West 12~' Street, Loveland, Colorado 80537, (970} <br />669-2026 <br />