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Ms. Bridget Nash Page 5 <br />March 9, 2012 <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 the pending <br />water court case or any other legal action that may be initiated concerning the SWSP. This <br />decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other SWSPs or in any proposed renewal of the SWSP, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />Acceptance of these conditions shall be assumed unless a letter to the contrary is <br />received by this office, the Division Engineer (Rege Leach, 160 Rockpoint Dr., Ste. E, Durango, <br />CO 81301) within two weeks of your receipt of this letter. Should you have any questions, <br />please contact Caleb Foy of this office or Rege Leach, Division Engineer, in Durango at (970) <br />247 -1845. <br />Attachments: Tables 2, 3, 5 & 6 <br />Figure 2 <br />Proposed Accounting Table <br />cc: Rege Leach, Division 7 Engineer <br />David Hofmann, District 31 Water Commissioner <br />Division of Reclamation, Mining and Safety <br />HCF /crf: Bayfield Gravel Op 2011.doc <br />Sincerely, <br />Heidi Frey, P.E. <br />Water Resource Engineer <br />