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Kirsten M. Kurath <br />Debeque Pit SWSP <br />April 28, 2008 <br />Page 4 <br />native grass field must be maintained. Credits will be reduced according to the <br />following table when depth to groundwater is less than the depth assumed to <br />provide no significant contribution to alfalfa growth. Measurements taken at the <br />start of each month will determine the necessary reduction in credit to be applied <br />during the following month. The Applicant may use another methodology upon <br />review and approval by the State Engineer and Division Engineer. <br />Depth to Ground Percent Reduction in CU Credit' <br />Water (Feet) <br />Native Grass <br />Alfalfa <br />1 85% 100% <br />2 50% 90% <br />3 30% 75% <br />4 20% 50% <br />5 15% 35% <br />6 10% 20% <br />7 5% 15% <br />8 0% 10% <br />1. Adapted from EVAPOTRANSPIRATION AND AGRONOMIC RESPONSES IN FORMERLY IRRIGATED <br />MOUNTAIN MEADOWS, South Paris, Colorado, March 1, 1990; Revised September 1, 1991 <br />14. 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. Approval of this <br />substitute water supply plan shall have no precedential or evidentiary force, does not <br />constitute an admission or statement of position in any other proceeding, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />15. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has occurred or will occur as a result of <br />the operation of this plan. <br />16. 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 />17. In accordance with amendments to CRS 25-8-202(7) and Senate Bill 89-181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine if the <br />substitute supply is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substituted supply has normally been put. As such, water <br />quality data or analyses may be requested at any time to determine if the requirements of <br />use of the senior appropriator are met. <br />18. The decision of the State Engineer shall have not precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any water <br />court case or any other legal action that may be initiated concerning the SWSP. This <br />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 <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant.