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Bonser Pit SWSP September 25, 2013 Page 4 of 5 7. Adequate accounting of depletions and replacement must be provided to the division engineer in Greeley (Div 1Accounting(a)_state. co. us) and the water commissioner (Jason Smith, Jason. Smith2(a-)-state.co.us) on a monthly basis. All amounts shall be in acre -feet and submitted accounting shall conform to the Administration Protocol "Augmentation Plan Accounting, Division One — South Platte Rive" (attached). In addition, the applicant shall verify that entities providing replacement water for this plan have included such use on their respective accounting submitted to the division engineer. For the duration of this SWSP, that entity is the City of Loveland (WDID 0402519). 8. The approval of this SWSP does not relieve the Applicant and /or the landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long -term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining, to include, but not be limited to, long -term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions from mining and dewatering shall continue until there is no longer an effect on stream flow. 9. This SWSP may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately. 10. Long -term replacement requirements as identified in the April 30, 2010 DRMS have not been shown to be satisfied by the reclamation bond for $218,003 with the DRMS. Prior to exposing around water in excess of the existing 6.3 acre borrow pit pond, the Applicant is required to obtain approval of a new SWSP that allows for the exposure of additional around water and must provide documentation to this office that they can replace long- term depletions or have bonded the site to cover the cost of lining or backfilling. 11. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. All replacement water must be concurrent with depletions in quantity, timing and locations. 12. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall determine if the substitute supply is of a quality to meet requirements of use to which the senior appropriation receiving the substituted supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirements of use of the senior appropriator are met. 13. The decision of the State Engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as defense in any water court case or any other legal action that may be initiated concerning the SWSP. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other SWSPs or in any proposed renewal of this SWSP, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the applicant.