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Mr. Donald E. Frick <br />May 31, 2006 <br />Page 4 <br />11. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />12. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all use of water at the pit, must <br />cease immediately. <br />13. The decision of the state engineer shall have no 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 substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other plans or in any proposed renewal of this <br />plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />Should you have any questions, please contact Joanna Williams of this office or Mr. Scott <br />Cuthbertson of our Division office in Greeley at (970) 352-0742. <br />Sincerely, <br />Kevin G. Rein, P.E. <br />Chief of Water Supply <br />Attachments: Table 4 and Accounting Protocol <br />KGR/JMW <br />cc: Scott Cuthbertson, Assistant Division Engineer <br />Scott Edgar, Water Commissioner, Water District 5 <br />Division of Minerals and Geology <br />