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Ms. Kimberly K. Frick, P.G. <br />December 30, 2008 <br />Page 5 of 5 <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />17. 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 any <br />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other plans or in any proposed renewal of this <br />plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />Should you have any questions, please contact loana Comaniciu of this office or Mr. Dave <br />Nettles of our Division office in Greeley at (970) 352-0742. <br />Sincerely, <br />Kevin G. Rein, P.E. <br />Assistant State Engineer <br />Attachments: Table 1 <br />City of Greeley Lease <br />cc: Dave Nettles, Assistant Division Engineer (810 9th Street, Ste. 200, Greeley, CO 80631 <br />(970) 352-8712) <br />George Varra, Water Commissioner (1400 Highway 287 North, Ft. Collins, Colorado <br />80524, 970-484-1628) <br />Division of Reclamation Mining and Safety <br />KGR/IDC