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Mr. Fred Blumberg Page 5 <br />June 4, 2012 <br />operation so that additional ground water cannot be exposed, beyond that <br />specified in this SWSP. <br />16. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules <br />and Regulations adopted on February 4, 1992, the state engineer shall determine <br />whether 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 />17. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />pending water court case or any other legal action that may be initiated concerning this <br />SWSP. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other SWSPs, or in any proposed renewal of this SWSP, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant. <br />Please contact Caleb Foy in Denver at (303) 866 -3581, or Justin Zeisler in Pueblo at <br />(719) 542 -3368, if you have any questions concerning this approval. <br />Attachments: Tables 1 - 3 <br />PBWW Lease Documents <br />April 30, 2010 Letter from DRMS <br />Heidi Frey, P.E. <br />Water Resource Engineer <br />cc: Steve Witte, Division Engineer <br />Bill Tyner, Assistant Division Engineer <br />Justin Zeisler, Augmentation Coordinator <br />Brian Sutton, District 12 Water Commissioner <br />Colorado Division of Reclamation, Mining and Safety <br />