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Cheryl Signs, P.E. Page 7 <br />Heintzelman Pit August 26, 2011 <br />16. In accordance with amendments to Section §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 this substitute water <br />supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the <br />substitute supply has normally been put. As such, water quality data or analyses may be requested <br />at any time to determine if the requirement of use of the senior appropriator is met. <br />17. The decision of the State Engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any water court case or any <br />other legal action that may be initiated concerning the SWSP. This decision shall not bind the State <br />Engineer to act in a similar manner in any other applications involving other plans or in any proposed <br />renewal of this 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 />If you have any questions concerning this approval, please contact Ioana Comaniciu in Denver at <br />(303) 866 -3581 or Claudia Engelmann in Greeley at (970) 352 -8712. <br />Sincerely, <br />Kevin Rein, P.E., <br />Assistant State Engineer <br />Attachment: Tables 1, 4 and 5 <br />Reservoir Operations Study Table <br />Affidavit for dedication of GIC shares and the Rural Ditch shares to this SWSP <br />Letter from DRMS dated April 30, 2010 <br />cc: Claudia Engelmann, Assistant Division Engineer (810 9 Street, Ste. 200, Greeley, CO 80631, <br />(970) 352 -8712) <br />Shera Sumerford, Water Commissioner District 5 (1417 25 Avenue, Greeley, Co 80634, (303) <br />775 -0840) <br />Bob Carlson, Water Commissioner District 6 (P.O. Box 380, Erie, Co 80516, (303) 438 -9303) <br />Division of Reclamation Mining and Safety <br />