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Ryan Stitt <br />Denver Water NRC SWSP <br />November 27, 2012 <br />11. 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 excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. <br />12. 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 />13. 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 />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other plans, or in any proposed renewal of this plan, 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 />If you have any questions concerning this approval, please contact Joanna Williams in <br />Denver at (303) 866 -3581 or Jonathan Hernandez in Greeley at (970) 352 -8712. <br />Sincerely, <br />Attachments: Administration Protocol `Augmentation Plan Accounting, Division One — South Platte River" <br />Exhibit "Addendum 2011 Road Edge and 5,033 -ft Elevation Contour" <br />Cc: Jonathan Hernandez, Water Resource Engineer, Jonathan .Hernandez(c�state.co.us <br />810 9 Avenue, Suite 200, Greeley, Colorado 80631, (970) 352 -8712 <br />Bill Schneider, Water Commissioner District 2, William.Schneider(a�state.co.us <br />810 9 Avenue, Suite 200, Greeley, Colorado 80631, (970) 381 -0828 <br />Division of Reclamation Mining and Safety <br />JD /jmh: Denver Water North Res Complex.docx <br />eatherage, P.E. <br />of of Water Supply <br />,b3A114/An6c7 <br />Page 8 of 8 <br />