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Mr. Forest Leaf, P.E. <br />January 14, 2004 <br />Page 4 <br />12. This substitute water supply plan may be revoked or modified. at any time. should it <br />be determined that injury to other water rights has or will occur as a result of. this <br />plan. <br />13. 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 />14. In accordance with amendments to Section §25-8-202-(7), C.R.S. and "Senate Bill <br />89-181 Rules and Regulations".adopted on February 4,.1992,. the State Engineer <br />shall determine if this substitute water supply plan is of a quality to meet <br />requirements of. use to which the senior appropriation receiving the substitute supply <br />has normally been put.. As such, water quality data or. analyses may be requested at <br />any. time to determine if the requirement of use of the senior appropriator is met. <br />15. 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 concerning <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 Dave Nettles in <br />Greeley (970) 352-8712, if you have any questions concerning this approval... <br />' cerely <br />William H. Froncz~k,`P.E.,. J.D.. <br />Chief of Water Supply <br />Attachments. <br />WHF/JMW <br />ce: Dave Nettles, Assistant Division Engineer <br />Robert Stahl, Water. Commissioner, Water District 2 <br />Gary Witt,. Wright Water Engineers,. Inc.. <br />DMG. <br /> <br />