Laserfiche WebLink
SEP-05-2008 01:31PM FROM-DIV RECLAMATION MINING & SAFETY +3038328106 T-412 P.004/005 F-484 <br />Rob Pierce Page 4 <br />August 22, 2008 <br />depletions in quantity, timing, and locations. <br />12_ In accordance with amendments to Section §25-8-202-(7), C.R.S. and Senate Bill <br />89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer <br />shall determine if this substitute water supply plan is of a quality to meet <br />requirements of use to which the senior appropriation receiving the substitute <br />supply has normally been put. As such, water quality data or analyses may be <br />requested at any time to determine if the requirement of use of the senior <br />appropriator is met. <br />13. 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 a defense <br />in any pending water court case or any other legal action that may be initiated <br />concerning this plan. This decision shall not bind the State Engineer to act in a <br />similar manner in any other applications involving other plans, or in any proposed <br />renewal of this plan, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies used <br />by the 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 concerning this approval. <br />Sincerely, <br />J <br />Craig M. Lis. E. <br />Water Resources Engineer <br />Attachments: Table 3 <br />cc: Kyle Whitaker, Assistant Division Engineer <br />Eddie Rubin, Water Commissioner, District 39 <br />Carl Mount, Division of Reclamation, Mining and Safety <br />Mark McLean, Deere & Ault Consultants, Inc. <br />C M uCJLUG1ensPd2008. doc