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Mr. Peter Wayland Page 4 <br />M2004-047-File Pit II <br />October 27, 2009 <br />13. 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 if the substitute <br />supply is of a quality to meet requirements of use to which the senior appropriation receiving the <br />substituted supply has normally been put. As such, water quality data or analyses may be <br />requested at any time to determine if the requirements of use of the senior appropriator are met. <br />14. 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 defense in any water court case <br />or any other legal action that may be initiated concerning the substitute water supply plan. This <br />decision shall not bind the State Engineer to act in a similar manner in any other applications <br />involving other plans or in any proposed renewal of this plan, and shall not imply concurrence <br />with any findings of fact or conclusions of law contained herein, or with the engineering <br />methodologies used by this 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 />Kevi Rein, P.E. <br />tant State Engineer <br />Attachments: Table I <br />City of Lafayette Lease <br />cc: Dave Nettles, Assistant Division Engineer (810 9th Street, 2nd Floor, Greeley, Colorado 80631, <br />970-352-8712) <br />Bob Carlson, Water Commissioner District 6 (P. O. Box 380, Erie, Colorado 80516, 303-438- <br />9303) <br />Division of Reclamation Mining and Safety