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Mr. Joe Tom Wood, Ms. Carrie Spritzer January 9, 2006 Page 4 12. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. 13. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately. 14. In accordance with amendments to Section §25-t3-202-(7), C.R.S. and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 15. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. Should you have any questions, please contact Joanna Williams of this office or Mr. Scott Cuthbertson of our Division office in Greeley at (970) 352-0742. Sin/cer~ely~, Q Kevin G. Rein, P.E. Chief of Water Supply Attachments: Table 2 and Accounting Protocol KGR/JMW cc: Scott Cuthbertson, Assistant Division Engineer Robert Stahl, Water Commissioner District 2 DMG