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Gypsum Ranch Pit SWSP Page 5 of 5 <br />February 29, 2012 <br />augmentation, all out of priority diversions must cease immediately. <br />14. 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 any 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 />SWSPs or in any proposed renewal of this SWSP, and shall not imply concurrence with any <br />findings of fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. Any appeal of a decision made by the state engineer concerning a <br />SWSP pursuant to § 37 -92- 308(5), C.R.S., shall be to the Division 5 water judge within thirty <br />days of the date of this decision. <br />Please contact loana Comaniciu in Denver at (303) 866 -3581, or Alan Martellaro in <br />Glenwood Springs at (970) 945 -5665, if you have any questions concerning this approval. <br />Attachment: Tables 1 and 2 <br />CRWCD Amended Contract <br />Sincerely, <br />#}' .e",efe,) <br />Kevin G. Rein, P.E. <br />Deputy State Engineer <br />cc: Alan Martellaro, Division Engineer, Division 5 <br />Bill McEwen, Water Commissioner, District 37 (P.O. Box 1804, Eagle, Co 81631) <br />Division of Reclamation Mining and Safety <br />KGR /JD /IDC: Gypsum Ranch Pit M1998 -014 (2011- 2012.doc) <br />