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Mr. Jacob Bauer <br />April 25, 2011 <br />Page 5 of 5 <br />to adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. In <br />addition, lack of timely accounting may prevent proper administration, which may <br />lead to revocation or modification of this plan. <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 Sarah Reinsel of this office or Claudia <br />Engelmann of our Division office in Greeley at (970) 352-8712. <br />Sincerely, <br />P)J?Zvo 6 v' <br />vin . Rein, P.E. <br />Assistant State Engineer <br />Attachments: Tables 1, 2, and 3 <br />City of Brighton Agreement and E-mails <br />Cc: Claudia Engelmann, Assistant Division Engineer, Div1Accounting(a.state.co.us <br />810 9th Street, Suite 200, Greeley, CO 80631, (970) 352-8712 <br />Scott Edgar, Water Commissioner District 2, Scott. Edgar(a)-state.co.us <br />1735 Dolores River Drive, Windsor, CO 80550, (970) 381-0828 <br />Division of Reclamation, Mining and Safety <br />KGR/skr: 120th Estates 2010.doc