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l <br />Mr. Jared Dains <br />Greeley 35th Ave Pit M- 1977 -036 <br />January 11, 2011 <br />15. This SWSP may be revoked or modified at any time should it be determined that injury <br />to other vested water rights has or will occur as a result of this SWSP. Should this <br />SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />16. 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 />17. 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 />pending water court case or any other legal action that may be initiated concerning this <br />SWSP. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other SWSPs, or in any proposed renewal of this SWSP, <br />and shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact Joanna Williams in <br />Denver at (303) 866 -3581 or Jonathan Hernandez in Greeley at (970) 352 -8712. <br />Sincerely, <br />Attachments: Table 3 <br />Map of the pre -1981 claimed area <br />City of Greeley Lease <br />Letter from DRMS dated April 30, 2010 <br />cc: Jonathan Hernandez, Water Resource Engineer (810 9 Street, Ste. 200, Greeley, CO <br />80631, (970) 352 -8712) <br />George Varra, Water Commissioner, Water District 3(1400 Hwy 287 N, Fort Collins, <br />Colorado 80524, (970) 484 -1628) <br />Division of Reclamation Mining and Safety <br />JD /JMH /Greeley 35 Avenue Pit Renewal(WY 2012).doc <br />Rein, P. <br />ty State Engineer <br />0/ <br />Page 5 <br />