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Mr. Mark A. McLean, P.E. <br />DeBeque Pit SWSP <br />this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all excavation of product from below the water table and all other use of water at <br />the pit must cease immediately. <br />19. In accordance with amendments to CRS 25 -8- 202(7) and Senate Bill 89 -181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute <br />supply is of a quality to meet requirements of use to which the senior appropriation receiving the <br />substituted supply has normally been put. As such, water quality data or analyses may be <br />requested at any time to determine if the requirements of use of the senior appropriator are met. <br />20. The decision of the state engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any water court case or any <br />other legal action that may be initiated concerning the SWSP. This decision shall not bind the <br />state engineer to act in a similar manner in any other applications involving other SWSPs or in any <br />proposed renewal of this SWSP, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies used by the Applicant. <br />Should you have any questions regarding this plan, please contact loana Comaniciu in Denver at <br />(303) 866 -3581 or Alan Martellaro in Glenwood Springs at (970) 945 -5665. <br />Sincerely, <br />Attachments: Tables 2, 3 and 4 <br />Figures 2 and 3 <br />Affidavit for dedication of the Larking Ditch shares to this SWSP <br />Letter from DRMS dated April 30, 2010 <br />cc: Alan Martellaro, Division Engineer, Division 5 <br />Dave Berry, District 72 Water Commissioner <br />Division of Reclamation, Mining and Safety <br />JD /idc/Debeque Pit 2013 -2015 M81058.doc <br />Jeff Deatherage, P.E. <br />Chief of Water Supply <br />April 12, 2013 <br />Page 7 <br />