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Mr. Pete Foster Page 4 of 4 <br />August 22, 2011 <br />or exceeded the total depletion on a rnonthly basis. All replacement water must be <br />concurrent with depletions in quantity, timing and location, except that releases <br />aggregated at the discretion of the Division Engineer may occur in a later month than <br />the depletions. Said accounting must be received by the 10 of the month following <br />the reporting period. <br />10. Application must be made in Water Court for a permanent plan for augmentation for the <br />uses herein allowed by the expiration date of this plan unless re- approval under 37 -92- <br />308(5) is requested. Approval of this plan does not imply approval by this office of any <br />such court application. <br />11. This plan may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all out of priority diversions must <br />cease immediately. <br />12. 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 the <br />pending water court case or any other legal action that may be initiated concerning the <br />SWSP. This decision shall not bind the State Engineer to act in a similar manner in any <br />other applications involving SWSPs or in any proposed renewal of this SWSP, and shall <br />not imply concurrence with any findings of fact or conclusions of law contained herein, <br />or with the engineering methodologies used by the Applicant. Any appeal of a decision <br />made by the State Engineer concerning a SWSP pursuant to CR.S. §37 -92- 308(5) <br />and 37 -92- 308(5) shall be to the Division 2 water judge within thirty days of the date of <br />this decision and shall be consolidated with the application for approval of the plan for <br />augmentation. <br />Please contact loana Comaniciu of this office or Rege Leach, Division Engineer, in <br />Durango at (970) 247 -1845, if you have any questions concerning this approval. <br />Attachments: Tables 2, 3 & 4 <br />Figure 1 <br />KGR/idc: 11 -12 simmons pit308(5) <br />Sincerely, <br />Kevin G. Rein, P.E. <br />Assistant State Engineer <br />cc: Rege Leach, Division 7 Engineer <br />Wally Patcheck, Water Commissioner, Water District 34 <br />Division of Reclamation, Mining and Safety <br />