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Pete Conovitz <br />August 10, 2011 <br />Page 5 of 5 <br />12. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in the pending water <br />court case or any other legal action that may be initiated concerning the SWSP. This decision <br />shall not bind the state engineer to act in a similar manner in any other applications involving <br />other SWSPs or in any proposed renewal of this SWSP, and shall not imply concurrence with <br />any findings of fact or conclusions of law contained herein, or with the engineering <br />methodologies used by the Applicant. Any appeal of a decision made by the State Engineer <br />concerning a SWSP pursuant to C.R.S. § 37 -92- 308(4) shall be to the Division 1 water judge <br />within thirty days of the date of this decision and shall be consolidated with the application for <br />approval of the plan for augmentation. <br />Should you have any comments or questions, please contact Michael Hein, Assistant <br />Division Engineer in Greeley at 970- 352 -8712 or loana Comaniciu in this office. <br />Attachments: Tables 4 and 5 <br />Accounting protocol <br />Sincerely, <br />Wo{/ /ea <br />Kevin G. Rein, P.E. <br />ssis ant State Engineer <br />Cc: Michael Hein, Assistant Division Engineer (Div1AccountinoAstate.co.us) <br />810 9 Street, Suite 200, Greeley, CO 80631 <br />Brent Schantz, Water Commissioner, Water District 1, Brent.Schantznstate.co.us <br />111 Main Street, Sterling, Co 80751 <br />Counsel of Record, 2006CW229 <br />KGR/IDC /Chartier Pit 2011 -2012 SWSP.doc <br />