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<br /> <br />Nathan B. Rand <br />March 31, 2009 <br />Page 3 <br />4. This plan may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this plan. <br />5. Should an additional SWSP be requested, the provisions of CRS 37-92-308(4) shall <br />apply. The statutory fee of $300 will be required pursuant to CRS 37-92-308(8). Any <br />request for an additional SWSP must be submitted to this office no later than 90 days <br />prior to the above expiration date. <br />6. The decision of the State Engineer shall not create any presumptions, shift the burden of <br />proof, or serve as a defense in the pending water court case or any other legal action <br />that may be initiated concerning the substitute water supply plan. This decision shall not <br />bind the State Engineer to act in a similar manner in any other applications involving <br />other plans or in any proposed renewal of this plan. Any appeal of the decision made by <br />the State Engineer concerning this substitute water supply plan pursuant to 37-92-308(4) <br />shall be to the division water judge within thirty days of the date of this decision and shall <br />be consolidated with the application for approval of the plan for augmentation. <br />Should you have any questions, please contact Heidi Frey of this office or Kalsoum <br />Abbasi, Augmentation Coordinator, in our Division 2 office in Pueblo at (719) 542-3368. <br />Sincerely, <br /> <br />Kevin G. Rein, P.E. <br />Assistant State Engineer <br />Table (1) <br />cc: Steve Witte, Division Engineer <br />Charlie Judge, Water Commissioner <br />Division of Reclamation Mining & Safety <br />Objectors in 02CW122: <br />SECWCD (Stephen H. Leonhardt) <br />City of Cripple Creek (James G. Felt) <br />CWCB (Staff Attorney) <br />DOW (Staff Attorney) <br />Canon Heights Irrigation and Reservoir Co. (Julianne M. Woldridge) <br />City of Colorado Springs (William Kelly Dude) <br />Beaver Park Water, Inc. (Robert F.T. Krassa) <br />DW/HCF: CCBV-ssp-2009.doc