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Michelle Cunico Johnson, Martin and Wood Page 5 <br />December 12, 2012 <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation all use of water at the pit must cease <br />immediately. <br />14. 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 if this <br />substitute water supply plan is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substitute supply has normally been put. As such, water quality <br />data or analyses may be requested at any time to determine if the requirement of use of <br />the senior appropriator is met. <br />15. 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 water <br />court case or any other legal action that may be initiated concerning the substitute water <br />supply plan. This decision shall not bind the State Engineer to act in a similar manner in <br />any 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 />Please contact loana Comaniciu in Denver at (303) 866 -3581, or Charlie DiDomenico in <br />Pueblo at (719) 542 -3368, if you have any questions concerning this approval. <br />Attachments: Tables 1A, 1B, 2, and 3 <br />cc: Steve Witte, Division 2 Engineer (via email) <br />Peter Kasper, District 14 Water Commissioner (via email) <br />Division of Reclamation, Mining, and Safety <br />HCF /idc: StBarbaraSWSP2013 -2014 <br />Sincerely, <br />Heidi Frey, P.E. <br />Water Resource Engineer <br />