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Cheryl-Signs, P.E. April 12, 2011 <br />Seahorse Ranch West Pit and Vader Pit Combined Replacement Plan Page 7 of 7 <br />dedication of the water rights, additional information may be required prior to future <br />SWSP approvals. <br />15. 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 such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />16. 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 pending water <br />court case or any other legal action that may be initiated concerning this plan. This decision <br />shall not 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, and shall not imply concurrence with any <br />findings of fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />If you have any questions concerning this approval, please contact loana Comaniciu in Denver at <br />(303) 866-3581 or Bob Hurford in Montrose at (970) 249-6622. <br />Sincerely, <br />Kevin G. Rein, P.E. <br />Assistant State Engineer <br />Attachments: Tables 1 and 5 <br />Letter from DRMS dated April 30, 2010 <br />cc: Bob Hurford <br />Bonnie Irby <br />Division of Reclamation Mining and Safety <br />KGR/IDC/ Seahorse/VaderCombined Plan