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Steven M. Maly Page 2 <br />October 14, 2003 <br />The state and division engineers have reviewed the plan and the adequacy of each <br />source of water provided for use as augmentation water, including, where necessary, the <br />historical consumptive use of each water right, and return flows from diversion of waters <br />imported into the Arkansas River Basin or other fully consumable waters proposed for use as <br />augmentation water. <br />This plan is hereby approved pursuant to Section 37-92-308(5) C.R.S. and the following <br />conditions: <br />1. This plan shall be valid through October 31, 2004, unless otherwise revoked or modified. <br />2. Should a request for renewal of this plan be needed, such renewal request must comply <br />with Section 37-92-308(5) C.R.S., and Section 37-92-308(8) C.R.S which requires a fee of <br />$300. Any renewal request must submitted to this office at least 90 days prior to the <br />expiration date of this plan (by August 1, 2004). <br />3. Diversions are limited to 0.374 acre-feet annually. All surface diversions must be measured <br />in a method acceptable to the division engineer. <br />4. The Twin Lakes water must be made available for release at the division engineer's <br />discretion. <br />5. Accounting of water in this plan, including diversions from each source and replacement <br />water deliveries, must be provided to the water commissioner and division engineer on <br />forms and at times acceptable to them. Said accounting must be received by the 10~' of the <br />month following the month being reported. The name, mailing address, and phone number <br />of the contact person who is responsible for operation and accounting of this plan must be <br />provided on the accounting forms. <br />6. 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 any water court <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 <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the applicant. An appeal of a decision made by the <br />state engineer concerning a substitute water supply plan pursuant to C.R.S. 37-92-308(5) <br />shall be to the water court within thirty days of the date of this approval. <br />7. Approval of this plan does not imply approval by this office of any of the District's court <br />applications. <br />8. In accordance with C.R.S. 37-92-308(5), the substitute water supply plan cannot be <br />renewed beyond five years after the initial date of approval. <br />9. This substitute water supply plan is being approved pursuant to C.R.S. 37-92-308(5) based <br />upon the applicant's assertion that the use and associated depletions will not exceed 5 <br />years. Any subsequent plan approved pursuant to C.R.S. 37-92-308(4) shall be subject to <br />the provisions of that statute. <br />