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Mr. Paul Flack Page 3 <br />April 25, 2012 <br />6. Accounting of daily diversions and required replacements must be reported to the Water <br />Commissioner on a weekly basis during the non - irrigation season and on a daily basis during the <br />irrigation season. Reporting procedures are subject to approval and modification by the Water <br />Commissioner and Division Engineer. <br />7. This SWSP may be revoked or modified at any time should it be determined that injury to other <br />vested water rights has occurred or will occur as a result of the operation of this SWSP. Should <br />this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of water under this SWSP must cease immediately. <br />8. The decision of the State Engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in the pending water court case <br />or any other legal action that may be initiated concerning the SWSP. This decision shall not bind <br />the State Engineer to act in a similar manner in any other applications involving SWSPs or in any <br />proposed renewal of this SWSP, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies used by the Applicant. <br />9. Acceptance of these conditions shall be assumed unless a letter to the contrary is received by <br />this office, the Division Engineer and the Water Commissioner (310 E. Abriendo, Suite B, Pueblo, <br />CO 81004) within two weeks of your receipt of this letter. Any appeal of a decision made by the <br />State Engineer concerning a SWSP pursuant to C.R.S. §37 -92- 308(5) shall be to the Division 2 <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 Caleb Foy of this office or Justin Zeisler (719- <br />542 -3368 or Justin.Zeisler a state.co.us) of our Division 2 Office. <br />Attachments(2) <br />cc: Steve Witte, Division 2 Engineer (via email) <br />Jeff Montoya, District 10 Water Commissioner (via email) <br />Julianne Woldridge, MacDougall, Woldridge & Worley, P.C. (via email) <br />Division of Reclamation, Mining, and Safety <br />KGR/crf NECC 2011 308(5).docx <br />Sincerely, <br />Kevin G. Rein, P.E. <br />Deputy State Engineer <br />