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Mr. Frank Healy Page 4 <br />May 21, 2012 <br />12. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. Should <br />this substitute water supply plan expire without renewal or be revoked prior to adjudication of <br />a permanent plan for augmentation, all excavation of product from below the ground water <br />table and all other use of water at the pit must cease immediately. <br />13. In accordance with amendments to Section 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 determine <br />whether or not 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 />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 <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />involving other plans, or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />Should you have any questions regarding this SWSP, please contact Justin Zeisler in Pueblo <br />at (719) 542 -3368, or loana Comaniciu in Denver at (303) 866 -3581. <br />Attachments: Tables 1 & 2 <br />Figure 2 <br />AGUA Lease <br />Heidi Frey, <br />Water Resource Erl4 ineer <br />cc: Steven J. Witte, Division 2 Engineer (via email) <br />Lonnie Spady, District 17 Deputy Water Commissioner (via email) <br />Division of Reclamation Mining and Safety <br />HCF /idc: North River Pit 2012 SWSP.docx <br />e <br />