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Jeffrey A. Clark <br />August 7, 2007 <br />Page 4 <br />operations have ceased. Application for a decree should be made three years prior to the completion of <br />mining with the intent of obtaining a decreed plan by the completion of mining. Approval of this substitute <br />supply plan does not imply a position by this office on any related litigation. <br />18. This SWSP may be revoked or modified at any time should it be determined that injury to other vested water <br />rights has occurred or will occur as a result of the operation of this SWSP. Should this SWSP expire without <br />renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of water under this <br />SWSP must cease immediately. <br />19. 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 whether or not the substitute <br />supply is of a quality to meet requirements of use to senior appropriators. As such water quality data or <br />analysis may be requested at any time to determine if the water quality is appropriate for downstream water <br />users. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any <br />presumptions, shift the burden of proof, or serve as a defense in the pending water court case or any other <br />legal action that may be initiated concerning the SWSP. This decision shall not bind the state engineer to act <br />in a similar manner in any other applications involving other SWSP or in any proposed renewal of this SWSP, <br />and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />20. Acceptance of these conditions shall be assumed unless a letter to the contrary is received by this office and <br />the Division Engineer's Office (310 E. Abriendo, Suite B, Pueblo CO 81004) within two weeks of your receipt <br />of this letter. <br />Should you have any questions, please contact Clay Kimmi of this office or Kalsoum Abbasi, Augmentation <br />Coordinator, in our Division 2 office in Pueblo at (719) 542-3368. <br />Sincere , <br />..._..~- <br />Heidi Frey, P.E. <br />Water State Engineer <br />cc: Steven J. Witte, Division Engineer <br />Charlie Judge, District 12 Water Commissioner <br />Don Taylor, District 17 Water Commissioner <br />Dan Neuhold, District 67 Water Commissioner <br />Division of Reclamation, Mining, and Safety <br />cdklGravel PitslValcolvalco2007.doc <br />