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Ms. Brent Kerr <br />April 16, 2007 <br />Page 7 <br />22. The decision of the State Engineer shall have not precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />water court case or any other legal action that may be initiated concerning the SWSP. <br />This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other plans or in any proposed renewal of this plan, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or <br />with the engineering methodologies used by the Applicant. <br />Please contact Craig Lis of this office or Wayne Schieldt, Division 4 Engineer, in Montrose <br />at (970) 249-6622, 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 />rel~4/ <br />ick Wolfe, P.E. <br />Assistant State Engineer <br />Attachments: Map B -Index Map <br />Map 1 -Anderson Pit General Area Map <br />Table A -Maximum Monthly Distribution for Depletion & Replacement <br />Requirements <br />Table 5: Steady State Lake Lagged Depletions <br />cc: Wayne Schieldt, Division 4 Engineer <br />Jim Boyd, Water Commissioner, Water District 40 <br />Ben Miller, Greg Lewicki and Associates, PLLC <br />Gary Witt, Wright Water Engineers, Inc. <br />DRMS <br />DW/CML: Anderson Pit 2006 SWSP.doc <br />