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Mr. Thomas K. Snodgrass, Esq. <br />February 5, 2004 <br />Page 4 <br />16. 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 />17. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately. <br />18. In accordance with amendments to Section §25-8-202-(7), C.R.S. and Senate Bill 89- <br />181 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 use <br />to which the senior appropriation receiving the substitute supply has normally been put. <br />As such, water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />19. The dry year analysis required by this office for a permanent plan for augmentation may <br />vary from the analysis approved in this substitute water supply plan. This substitute <br />water supply plan shall have no precedential or evidentiary force, and does not <br />constitute an admission or statement of position in any other proceeding. This plan shall <br />not be concurrent with any findings of fact or conclusions of law contained herein, or <br />with the engineering methodologies used by the Applignt. <br />Please contact Craig Lis of this office or Allan Martellaro, Division 5 Engineer, in Glenwood <br />Springs at (970) 945-5665, 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 />f <br />c olfe, P.E. (~/ <br />Chief of Water Supply Branch <br />Attachment <br />ce: Allan Martellaro, Division 5 Engineer <br />James Lemon, Water Commissioner, Water District 39 <br />Ed Settle, Grand Junction Pipe & Supply Company <br />Bill Merrill, P.E., Western Water & Land, Inc. <br />Gary Witt, Wright Water Engineers, Inc. <br />Division of Minerals and Geology <br />C:\Project Files1011-009\270gdw Una\Una Pit Approval Letter.doc <br />