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Peter Wayland <br />Brownwood SWSP <br />December 31, 2012 <br />Page 5 of 5 <br />exposure of ground water. In accordance with approach no, 4 you have dedicated 0.24 <br />shares of the Big Thompson Ditch & Manufacturing Co. water rights to this SWSP, and <br />up to the entire 5/6 of a share In the Big Thompson Ditch & Manufacturing Co water <br />right owned by the Applicant which can and will be used in the court augmentation plan, <br />unless a sufficient alternative replacement source is identified and dedicated. <br />14. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this 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. In accordance with amendments to Section §25 -8- 202 -(7), C,R.S. and "Senate Hill 89 -181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />if this substitute water supply plan is of a quality to meet requirements of use to which the <br />senior appropriation receiving the substitute supply has normally been put. As such, water <br />quality data or analyses may be requested at any time to determine if the requirement of <br />use of the senior appropriator is met. <br />17. 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 />16. 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 />Should you have any questions, please contact Joanna Williams of this office or Jonathan <br />Hernandez of our Division office in Greeley at (970) 352 -0742. <br />Since ely,� <br />eff D atherage, P.E. <br />ief f Water Supply <br />Attachments, Figure 1, Tables AI.1, AI.3 and A1.4 <br />Big Thompson Ditch & Manufacturing Share Dedication <br />City of Loveland Lease Agreement and 2013 & 2014 Replacement Schedules <br />cc: Jonathan Hernandez, Water Resource Engineer, ionotharL hemandez §state.co.us <br />8109 th Street, Ste. 200, Greeley, CO 80831, (970) 352 -8712 <br />Jason Smith, Water Commissioner, Water District 4 <br />810 9' Street, Ste. 200, Greeley, CO 80831 (970) 290 -7397 <br />Division of Reclamation Mtning and Safety <br />JDIJMH <br />