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Mr. Jeffery A. Clark <br />May 14, 2008 <br />Page 4 <br />13. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and <br />Regulations adopted on February 4, 1992, the state engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriatiors. As <br />such, water quality data or analysis may be .requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />14. 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 pending <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />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 />Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at <br />(970) 352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />~~ .~~~~~ <br />Jeff Deatherage, P.E. <br />Water Resource Engineer <br />Attachments: Figure 1, Table 1 <br />Saint Vrain-Lease <br />cc: Dave Nettles, Assistant Division Engineer (810 9th Street, Ste. 200, Greeley, CO 80631 <br />(970) 352-8712) <br />Shera Sumerford, Water Commissioner District 5 (1417 25th Avenue, Greeley, Co 80634, <br />(970) 352=5558) <br />Division of Reclamation Mining and Safety <br />