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Mr. Jared Dains <br />January 27, 2009 <br />Page 6 <br />finance the completion of the lining of the pit or the backfilling, thus preventing depletions to the <br />stream system. <br />18. 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 appropriators. As such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />19. The decision of the state engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any pending water court <br />case or any other legal action that may be initiated concerning this plan. This decision shall not <br />bind the state engineer to act in a similar manner in any other applications involving other plans, <br />or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact <br />or conclusions of law contained herein, or with the engineering methodologies used by the <br />Applicant. <br />Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at (970) <br />352-8712, if you have any questions concerning this approval. <br />Sincerely,' <br />Kevin G. Rein, P.E. <br />Assistant State Engineer <br />Attachments: Table 3 <br />City of Greeley lease <br />cc: Dave Nettles, Assistant Division Engineer (810 9th Street, Ste. 200, Greeley, CO 80631 (970) <br />352-8712) <br />George Varra, Water Commissioner (1400 Highway 287 North, Ft. Collins, Colorado 80524, 970- <br />484-1628) <br />Division of Reclamation Mining and Safety <br />KGR/idc