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<br />Richard T Raines <br />January 6, 2006 <br />Page 4 <br />9. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this <br />substitute water supply plan is of a quality to meet requirements of use to which the <br />senior appropriation receiving the substitute supply has normally been put. As such, <br />water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />10. 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 concerning 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 Don West of this office or Kalsoum <br />Abbasi, in our Division 2 office in Pueblo at (719) 542-3368. <br />Sincerely, <br />~/ <br />ofe, P.E. <br />Assistant State Enginee <br />Attachments: Tables 1, 2, 3, 4. <br />cc: Steve Witte, Division Engineer <br />John Van Oort, Water Commissioner <br />Division of Minerals and Geology <br />DW/DDW: M-85-218 Rich Pit (2006) <br />