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Ms. Michelle Johnson <br />Cecember 3, 2004 <br />Page 4 <br />15. In accordance with amendments to Section §25-8-202-(7), C.R.S. and Senate Bill 89- <br />181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of use <br />to which the senior appropriation receiving the substitute supply has normally been put. <br />As such, 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 />16. The dry year analysis required by this office for a permanent plan for augmentation may <br />vary from the analysis approved in this substitute water supply plan. This substitute <br />water supply plan shall have no precedential or evidentiary force, and does not <br />constitute an admission or statement of position in any other proceeding. This plan shall <br />not be concurrent with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />Please contact Heidi Frey of this office or Brian Boughton, Division 2 Engineer, in Pueblo <br />at (719) 542-3368, if you have any questions concerning this approval. We conclude that <br />approval of this substitute water supply plan does not imply a position by this office on any related <br />litigation. <br />Sin <br />is Wolfe, P.E. (/~/ <br />Chief of Water Supply <br />Attachment <br />cc: Steve Witte, Division 2 Engineer <br />Joe Flory, Water Commissioner, Water District 14 <br />Kyle Frisinger, Trans-Colorado Concrete (Division of Pete Lien & Sons, Inc.) <br />Michelle Johnson, Martin & Wood Water Consultants, Inc. <br />Gary Witt, Wright Water Engineers, Inc. <br />Division of Minerals and Geology <br />D=DW/HCFlSt Barbara Pit SWSP 2004.doc <br />