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Andy Rodriguez, P.E. <br />September 30, 2009 <br />Page 4 <br />12. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules <br />and Regulations adopted on February 4, 1992, the State Engineer shall determine <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 />13. 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 Joanna Williams of this office or Mr. Dave <br />Nettles of our Division office in Greeley at (970) 352-0742. <br />Sincerely, <br />Ke in G. Rein, P.E. <br />istant State Engineer <br />Attachments: Table 7 <br />KGR/JMW <br />cc: Dave Nettles, Assistant Division Engineer, 810 9t' Avenue, Suite 200, Greeley, Colorado <br />80631, (970)-352-8712 <br />Shera Sumerford, Water Commissioner District 5 (1417 25"' Avenue, Greeley, CO 80634, <br />(303) 775-0840) <br />Division of Reclamation, Mining and Safety