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Mr. Jared Dains <br />September 19, 2011 <br />11. 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 />12. Acceptance of these conditions shall be assumed unless a letter to the contrary is <br />received by this office, the Division Engineer (Steve Witte, 310 E. Abriendo, Suite B, <br />Pueblo CO 81004), and the Water Commissioner (John Van Oort, PO Box 148, Rye, <br />CO 81069) within two weeks of your receipt of this letter. <br />Should you have any questions, please contact Caleb Foy of this office or Justin Zeisler <br />in our Division 2 office in Pueblo at (719) 542 -3368. <br />HCF /crf: M -85 -218 Rich Pit 2011 <br />Heidi Frey, P.E. <br />Water Resource Engineer <br />Attachments: Tables 1, 2, 3, Stream Depletion Analysis Tables for the Active Pit and the <br />Unused Wash Pond <br />cc: Steve Witte, Division 2 Engineer (via email) <br />John Van Oort, District 14 Water Commissioner (via email) <br />Division of Reclamation, Mining and Safety <br />Kevin Salter, Kansas Division of Water Resources <br />David W. Robbins, Hill & Robbins <br />John B. Draper, Montgomery & Andrews <br />Dale E. Book, Spronk Water Engineers <br />Page 4 <br />