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Jared Dains Page 4 <br />September 14, 2011 <br />next plan year, or any future SWSP may limit the mining operation so that <br />additional ground water cannot be exposed, beyond that specified in this SWSP. <br />13. A portion of the replacement water provided in this plan is from the consumptive <br />use credits associated with dry -up of 56.1 acres of land that have previously <br />been irrigated by the Home Ditch. This corresponds to a complete dry-up of the <br />Home Ditch; therefore, water may not be diverted through the headgate of the <br />Home Ditch during this plan's approval period. <br />14. The decision of the State Engineer shall have no precedential or evidentiary <br />force, shall not create any presumptions, shift the burden of proof, or serve as a <br />defense in any water court case or any other legal action that may be initiated <br />concerning the substitute water supply plan. This decision shall not bind the <br />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 <br />concurrence with any findings of fact or conclusions of law contained herein, or <br />with the engineering methodologies used by the Applicant. <br />15. Acceptance of these conditions is assumed unless a letter to the contrary is <br />received by this office, the Division 7 Engineer (Rege Leach, 160 Rockpoint Drive, <br />Suite E, Durango, CO 81301) and the Division 7 Augmentation Coordinator (Brian <br />Leavesley, 160 Rockpoint Drive, Suite E, Durango, CO 81301) within two weeks <br />of your receipt of this letter. <br />Please contact Caleb Foy of this office or Rege Leach, Division 7 Engineer, in <br />Durango at (970) 247 -1845, if you have any questions concerning this approval. <br />Attachments: Tables 1, 2, and 4 <br />Sincerely, <br />Heidi Frey, P.E. <br />Water Resource Engineer <br />cc: Rege Leach, Division 7 Engineer (via email) <br />Robert Genualdi, Division 7 Assistant Engineer (via email) <br />Brian Leavesley, Division 7 Augmentation Coordinator (via email) <br />Doug Pickering, District 71 Water Commissioner (via email) <br />Division of Reclamation, Mining, and Safety <br />