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Ben Miller <br />6123/2006 <br />Page 4 <br />11. Long-term replacement requirements for this plan are satisfied by the commitment <br />of 4.5 shares of Lower Cactus Valley Ditch water, historically used to irrigate the <br />property. <br />12. The replacement water that is the subject of this plan cannot be sold or leased to <br />any other entity. As a condition of subsequent renewals of this substitute water <br />supply plan, the replacement water must be appurtenant to this site until a plan for <br />augmentation is obtained. A copy of this approval letter should be recorded with <br />the county clerk and recorder. All replacement water must be concurrent with <br />depletions in quantity, timing and locations. <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 the substitute supply is of a quality to meet requirements of use to <br />which the senior appropriation receiving the substituted supply has normally been <br />put. As such, water quality data or analyses maybe requested at any time to <br />determine if the requirements of use of the senior appropriator are 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 defense in <br />any water court case or any other legal action that may be initiated conceming the <br />substitute water supply plan. This decision shall not bind the State Engineer to act <br />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 this applicant. <br />Please contact Craig Lis in Denver at (303) 866-3581, or Kyle Whitaker in Glenwood <br />Springs at (970)945-5665, if you have any questions conceming this approval. <br />Sincerely, <br />Dick Wolfe, P. E. <br />~~Assistant State Engineer <br />Attachments: Table 3 <br />cc: Kyle Whitaker, Augmentation Coordinator <br />James Lemon, Water Commissioner, District 39 <br />Carl Mount, Division of Minerals and Geology <br />Mark McLean, Deere & Ault Consultants, Inc. <br />KGR/CMLlwcm:Glen's Pit 2006.dac <br />