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Ms. Dana Miller Page 3 <br />May 22, 2008 <br />8. All diversions shall be measured in a manner acceptable to the Division Engineer. The <br />Applicant shall install and maintain such measuring devices as required by the Division <br />Engineer for operation of this SWSP. <br />9. Replacement water shall be made available to cover all out-of-priority depletions in time, <br />place, and amount and shall be made available under the direction and/or approval of <br />the Water Commissioner. <br />10. This SWSP may be revoked or modified at any time should it be determined that injury <br />to other vested water rights has occurred or will occur as a result of the operation of this <br />SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of <br />a permanent plan for augmentation, all use of water under this SWSP must cease <br />immediately. <br />11. The decision of the State Engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in the <br />pending water court case or any other legal action that may be initiated concerning the <br />SWSP. This decision shall not bind the State Engineer to act in a similar manner in any <br />other applications involving other SWSP or in any proposed renewal of this SWSP, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant. Any appeal of a <br />decision made by the State Engineer concerning a SWSP pursuant to C.R.S. §37-92- <br />308(5) shall be to the Division 2 water judge within thirty days of the date of this decision <br />and shall be consolidated with the application for approval of the plan for augmentation. <br />Should you have any comments or questions, please contact Kalsoum Abbasi in Pueblo at <br />719-542-3368 or Heidi Frey in this office. <br />Sincerely, <br />Kevin G Rein, P.E. <br />Chief of Water Supply <br />Attachments: Table 1 <br />Monthly Accounting Form <br />Cc: Steve Witte, Division Engineer <br />Bruce Smith, Water Commissioner, District 11 <br />Gary Hanks, Deputy Water Commissioner, District 11 <br />James R. Montgomery, Counsel for AROA <br />Division of Reclamation, Mining, and Safety, File No. M-1998-104 <br />KGR/hcf:pine ridge pit 2008