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Stephen Buechner, Applegate Group Page 5 <br />May 21, 2012 <br />depletions. Front Range Aggregates must continue to commit those shares to this <br />plan until such time as the State Engineer authorizes the release of this <br />commitment. <br />13. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation all use of water at the pit must <br />cease immediately. <br />14. In accordance with amendments to §25 -8- 202(7), C.R.S., and "Senate Bill 89 -181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of <br />use to which the senior appropriation receiving the substitute supply has normally <br />been put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirement of use of the senior appropriator is met. <br />15. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as a defense <br />in any water court case or any other legal action that may be initiated concerning <br />the substitute water supply plan. This decision shall not bind the State Engineer to <br />act in a similar manner in any other applications involving other plans or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of <br />fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />Please contact Ioana Comaniciu in Denver at (303) 866 -3581, or Justin Zeisler in <br />Pueblo at (719) 542 -3368, if you have any questions concerning this approval. <br />Attachments: Tables 1, 2, and 3 <br />Sincerely, <br />Heidi Frey, P.E. <br />Water Resource Engineer <br />cc: Steve Witte, Division 2 Engineer (via email) <br />Brian Sutton, District 12 Water Commissioner (via email) <br />Division of Reclamation, Mining, and Safety <br />HCF /IDC: Parkdale 2011- 2012.docx <br />