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Mr. Jared Dains, E.I. <br />December 16, 2009 <br />Page 5 of 5 <br />15. 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 />16. 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 loana Comaniciu of this office or Mr. Dave <br />Nettles of our Division office in Greeley at (970) 352 -0742. <br />Sincerely, <br />IAJ" P OI/ <br />Kev' G. Rein, P.E. <br />Assistant State Engineer <br />Attachments: Table 1 <br />Platte River Power Authority lease <br />Graham Seepage & Drainage Canal Lease <br />cc: Dave Nettles, Assistant Division Engineer (810 9 Street, Ste. 200, Greeley, CO 80631 <br />(970) 352 -8712) <br />George Varra, Water Commissioner (1400 Highway 287 North, Ft. Collins, Colorado <br />80524, 970 - 484 -1628) <br />Division of Reclamation Mining and Safety <br />KGRADC <br />