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Ms. Michelle Cunico Johnson <br />January 17, 2008 <br />Page 4 <br />forms to the division engineer and water commissioner. <br />8. Conveyance loss for delivery of augmentation water to the South Platte River is subject <br />to assessment and modification as determined by the division engineer. <br />9. 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. In <br />addition, lack of timely accounting may prevent proper administration, which may <br />lead to revocation or modification of this plan. <br />10. 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 productfrom belowthe <br />water table, and all other use of water at the pit, must cease immediately. <br />11. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any water court <br />case or any other legal action that may be initiated concerning the substitute water supply <br />plan. This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other plans or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />Should you have any questions, please contact Ms. Joanna Williams of this office or Mr. <br />Scott 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 2 and Table 3 <br />KG R/J MW <br />cc: Scott Cuthbertson, Assistant Division Engineer <br />Robert Stahl, Water Commissioner District 2 <br />Colorado Division of Reclamation Mining and Safety <br />