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Mr. Peter Foster, P.E. Page 7 <br />June 28, 2012 <br />16. 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 the substitute supply is of a quality to meet requirements of use to <br />which the senior appropriation receiving the substituted supply has normally been <br />put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirements of use of the senior appropriator are met. <br />17. 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 defense in <br />any water court case or any other legal action that may be initiated concerning the <br />substitute water supply plan. This decision shall not bind the State Engineer to act <br />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 this applicant. <br />Please contact Mike Bender in Denver at (303) 866 -3581 or Bob Hurford in Montrose <br />at (970) 249 -6622, if you have any questions concerning this approval. <br />Sincerely, <br />cc: Bob Hurford, Division Engineer <br />Bonnie Irby, Water Commissioner, District 28 <br />Division of Reclamation, Mining, and Safety <br />Jeff Deatherage, P.E. <br />Chief of Water Supply <br />Attachments: Tables 2A, 3A <br />Appendix D, Draft Accounting Form <br />Map of the pre -1981 claimed area <br />Letter from DRMS dated April 30, 2010 <br />