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Cheryl Signs, P.E. <br />Durham Pit, M-1978-056 <br />Page 4 <br />17. Sf,ould this substitute water supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all excavation of product from below the water table, and all other <br />use of water at the pit, must cease immediately. <br />18. In accordance with amendments to Section §25-8-202-(7), C.R.S. and Senate Bill 89-181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine if this substitute water <br />supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the <br />substitute supply 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 />19. The decision of the state engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any pending water court case <br />or any other legal action that may be initiated concerning this plan. This decision shall not bind the <br />state engineer to 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 fact or <br />conclusions of law contained herein, or with the engineering methodologies used by the Applicant. <br />Please contact loans Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at (970) 352- <br />8712, if you have any questions conceming this approval. <br />Sincerely, <br />Jeff De~atherag~ P.E- <br />Water Resource Engineer <br />Attachments: Table 1 <br />cc: David Nettles, Assistant Division Engineer (810 9"' Street, Ste. 200, Greeley, CO 80631, (970) 352- <br />8712) <br />George Van'a, Water Commissioner District 3 (1400 Hwy 287N, Ft. Collins, CO 80831, (970) 484- <br />1628) <br />Scott Edgar, Water Commissioner District 5 (301 12"' Street, Windsor, Co 80550, (970) 686-0628) <br />Bob Carlson, Water Commissioner District 6 (P.O. Box 380, Erie, Co 80516, (303) 438-9303) <br />Division of Minerals and Geology <br />