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Rachel Kullman <br />March 25, 2009 <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 <br />such, water quality-data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />19. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any water court <br />case or any other legal action that may be initiated concerning the substitute water supply <br />plan. This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other plans or in any proposed renewal of this plan, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at <br />(970) 352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />Kev n Rein, P. E. <br />ssistant State Engineer <br />Attachments: Figure 1 and Table 4 <br />SVLH-Lease <br />City of Greeley Lease <br />Cc: Dave Nettles, Assistant Division Engineer, 810 9th Avenue, Suite 200, Greeley, Colorado <br />80631, (970)-352-8712 <br />Shera Sumerford, Water Commissioner, District 5 (1417 25th Avenue, Greeley, Co 80634, <br />(970) 352-5558) <br />Bob Carlson, Water Commissioner, District 6 (P.O. Box 380, Erie, Co 80516, (303) 438- <br />9303) <br />Division of Reclamation Mining and Safety