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Kimberly Frick Page 4 <br />January 9, 2012 <br />13. In accordance with amendments to §25 -8- 202(7), C.R.S., and "Senate Bill 89 -181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />14. Should this supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />The decision of the State Engineer shall not create any presumptions, shift the burden of <br />proof, or serve as a defense in the pending water court case or any other legal action that may <br />be initiated concerning the substitute water supply plan. 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 <br />proposed renewal of this plan. An appeal of the decision made by the State Engineer <br />concerning this substitute water supply plan pursuant to 37 -92- 308(4) shall be to the division <br />water judge within thirty days of the date of this decision and shall be consolidated with the <br />application for approval of the plan for augmentation. <br />Should you have any questions, please contact Melissa Peterson of this office or Justin <br />Zeisler, Augmentation Coordinator, in our Division 2 office in Pueblo at (719) 542 -3368. <br />Attachments: Tables 2 and 3 <br />Sincerely, <br />cc: Steve Witte, Division Engineer <br />Lonnie Spady, Water Commissioner District 67 <br />Don Higbee, LAWMA <br />Randy Hendrix, Slattery & Hendrix Engineering, LLC <br />DMRS <br />John B. Draper, Montgomery & Andrews <br />Dale E. Book, Spronk Water Engineers <br />Kevin Salter, Kansas Division of Water Resources <br />KGR /map: GP Ranches West Farm Pit SWSP 2011.docx <br />Heidi Frey, P.E. <br />Team Leader, Team 237 <br />