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Michelle Hatcher Page 5 <br />August 20, 2012 <br />17. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules and <br />Regulations adopted on February 4, 1992, the state engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />18. 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 <br />applications involving other SWSPs, or in any proposed renewal of this SWSP, and shall <br />not imply concurrence with any findings of fact or conclusions of law contained herein, or <br />with the engineering methodologies used by the Applicant. <br />Please contact loana Comaniciu in Denver at (303) 866 -3581 or Julie Pearson in our Division <br />2 office in Pueblo at (719) 542 -3368, if you have any questions concerning this approval. <br />Attachments: Tables 2 and 3 <br />LAWMA Agreement <br />HF /idc: GP Ranches West Farm Pit SWSP 2012 -2014 docx <br />Sincerely, <br />4r4 <br />eidi Frey, '.E. <br />Team Leader, Team 237 <br />cc: Steve Witte, Division Engineer <br />Joshua Kasper, Water Commissioner District 67 <br />Don Higbee, LAWMA <br />Randy Hendrix, Slattery & Hendrix Engineering, LLC <br />Division of Reclamation Mining and Safety <br />John B. Draper, Montgomery & Andrews <br />Dale E. Book, Spronk Water Engineers <br />Kevin Salter, Kansas Division of Water Resources <br />