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Michelle L. Austin <br />October 15, 2006 <br />Page 4 <br />16. The decision of the State Engineer shall have no precedenliai or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as defense in any <br />wafer court case or any other legal action that may be initiated concerning the <br />substitute water supply plan. This decision shall not bind the State Engineer to actin a <br />similar manner in any other applications involving other plans or in any proposed <br />renewal of this plan, and shall not imply concurrence with any findings of factor <br />conclusions of law contained herein, or with the engineering methodologies used by <br />this Applicant. <br />1 T. This substitute water supply plan maybe revoked or modified at any time if it is <br />determined that injury to other vested water rights has or vrill occur as a result of the <br />operation of this plan. Should this substitute water supply plan expire without renewal or <br />be revoked prior to adjudication of a permanent plan for augmentation, all diversions <br />under this plan must cease immediately. <br />Please contact Craig Lis in Denver at (303) 866-3581, or Kyle Whitaker in Glenwood <br />Springs at (970) 945-5665, if you have any questions concerning this approval. We <br />conclude that approval of this plan does not imply a position by this office on any related <br />litigation. <br />" cerely, <br />`"~ <br />c Wolfe, P.E. <br />Assistant State Engineer <br />Enclosures: Cottonwood Net Irrigation Requirement <br />5acaton Net Irrigation Requirement <br />Total Phreatophyte Net Irrigation Requirement <br />Water Balance and Augmentation Requirement (combined tables 1, 2 and 3) <br />Mining Operational Losses (Table 4) <br />Total Required Replacements (Table 5) <br />cc: Kyle Whitaker, Assistant Division Engineer <br />Steve Pope, Water Commissioner, District 72 <br />Mark McLean, Deere & Ault Consultants, Inc. <br />Carl Mount, Division of Reclamation, Mining and Safety <br />