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Michelle L. Austin Page 4 <br />September 28, 2004 <br />be held with the State Engineer sufficient for the purchase of 4.0 acre-feet of <br />replacement water at a rate of $150 per acre-foot. <br />13. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 <br />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 <br />use to which the senior appropriation receiving the substitute supply has normally <br />been put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirement of use of the senior appropriator is met. <br />14. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as a defense <br />in any water court case or any other legal action that may be initiated concerning <br />the substitute water supply plan. This decision shall not bind the State Engineer to <br />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 <br />fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />Please contact Don Westin Denver at (303) 866-3581, or Brian Boughton in Pueblo at <br />(719) 542-3368, if you have any questions concerning this approval. <br />ely, <br />e <br />c Wolfe, P.E. <br />Chief of Water Suooly <br />Attachments: <br />cc: Brian Boughton, Augmentation Coordinator <br />Charlie Judge, Water Commissioner, District 12/13 <br />Mark McLean; Tetra Tech RMC, Inc. <br />Division of Minerals and Geology <br />DW/DDW: Padcdale M97-054 <br />