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Mr. Peter Wayland <br />Challenger SWSP <br />December 31, 2012 <br />Page 6of7 <br />installing the proper measuring device, the Applicant must also submit <br />documentation that they are in the process of obtaining a bond through DRMS to <br />cover the cost of lining or backfilling or must permanently dedicate shares to the <br />plan that can be used for the purposes of augmenting depletions in the unlikely <br />event, or events, that would lead to the abandonment of the Pit. This bond or <br />permanent dedication of water is required to be maintained until a permanent plan <br />for augmentation is decreed by the court. Failure to provide such a bond or share <br />dedication may result in the cancellation of this SWSP and may subject the <br />Applicant or landowner to orders issued by the Division Engineer to immediately <br />Cease and Desist all use of ground water including evaporation in addition to any <br />remedies sought by DRMS. <br />14. 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. <br />15. Should this plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />16. Conveyance loss for delivery of the Loveland leased water is subject to assessment and <br />modification as determined by the division engineer. <br />17. 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 the <br />substitute supply is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substituted supply has normally been put. As such, water <br />quality data or analyses may be requested at any time to determine if the requirements <br />of use of the senior appropriator are met. <br />18. 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 />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other plans or in any proposed renewal of this <br />plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />19. The dry year analysis required by this office for a permanent plan for augmentation may <br />vary from the analysis approved in this substitute water supply plan. The decision of the <br />state engineer shall have no precedential or evidentiary force, shall not create any <br />presumptions, shift the burden of proof, or serve as a defense in any pending water <br />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 plans, or in any proposed renewal of this plan, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or <br />with the engineering methodologies used by the Applicant. <br />