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<br />J.E. Stover <br />Bowie Mine No. 2 Ponds D, J & K Substitute Supply Plan <br />January 16, 2004 <br />Page 2 <br />on a monthly basis or other interval acceptable to both of them. The applicant shall also <br />provide an annual report to the division engineer and water commissioner by November <br />15th, which summarizes diversions and replacements made pursuant to this plan. <br />Accounting forms are subject to modification and approval by the division engineer. <br />Flowrates shall be reported in cfs, volumes shall be reported in acre-feet. <br />7. Adequate measuring devices shall be installed by the applicant as required by the <br />division engineer for the operation of this plan. <br />8. The decision of the state engineer shall not create any presumptions, shift the burden of <br />proof, or serve as a defense in the pending water court case or any other legal action <br />that may be initiated concerning the substitute water supply plan. This decision shall not <br />bind the state engineer to act in a similar manner in any other applications involving <br />other plans or in any proposed renewal of this plan. Any appeal of the decision made by <br />the state engineer concerning this substitute water supply plan pursuant to 37-92-308 <br />(4) and/or (5) shall be to the division water judge within thirty days of the date of this <br />decision and shall be consolidated with the application for approval of the plan for <br />augmentation. <br />9. This substitute water supply plan may be revoked or modified at any time if it is <br />determined that injury to other vested water rights has or will occur as a result of the <br />operation of this plan. Should this substitute water supply plan expire without renewal or <br />be revoked prior to adjudication of a permanent plan for augmentation, all diversions <br />under this plan must cease immediately. <br />Should you have any questions or comments, please contact Craig Lis at this office. <br />Sincerely, <br />~~~w y~ <br />Kenneth W. Knox <br />Chief Deputy State Engineer <br />Enclosures: Tables A and B <br />KWK/CML/Bowie Mine No 2 Ponds J & K 2004.doc <br />cc: Frank Kugel, Division Engineer <br />Bob Starr, Water Commissioner, District 40 <br />• <br />