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Mr. Pete Foster <br />October 21, 2013 <br />Page 3 of 4 <br />3. Approval of this SWSP is for the purposes stated herein. Additional diversion <br />structures and /or additional uses for the water that is the subject of this SWSP will be <br />allowed only if a new SWSP is approved for those additional structures /uses. Should <br />a new SWSP be requested, the provisions of § 37 -92- 308(5), C.R.S., shall apply. The <br />statutory fee of $300 will be required pursuant to § 37 -92- 308(8), C.R.S. The <br />replacement water, which is the subject of this SWSP, cannot be sold or leased to any <br />other entity during the term of this SWSP without prior approval of the division <br />engineer. <br />4. The depletions associated with the gravel mining operations must not exceed a total of <br />1.92 acre -feet per year. Should the annual depletions exceed this amount prior to the <br />expiration date of this plan; an amendment will need to be filed with this office. <br />5. Thirty two (32) acres must be dried -up and monumented to the satisfaction of the <br />Water Commissioner. <br />6. To facilitate the administration of the Chicken Creek and Mud Creek the surface <br />return flows obligation must be able to remain in the Chicken Creek and the Carpenter <br />and Mitchell Ditch headgate or be released via the surface drainage that runs through <br />the property into Mud Creek. <br />7. The water measurement structure must be operating to the satisfaction of the Water <br />Commissioner. A rating table must be developed and submitted to the Water <br />Commissioner within 30 days or by a schedule acceptable to the Water <br />Commissioner. <br />8. Should the water surface area be greater than 0.49 acres, an amendment to this plan <br />must be submitted with updated evaporation numbers and a method to replace the <br />evaporation losses. <br />9. The applicant shall maintain monthly records of all diversions, replacements, and the <br />amount of water used for each particular purpose. Adequate accounting of depletions <br />and replacements (in acre -feet) must be provided to the Water Commissioner and /or <br />Division Engineer on forms and at times acceptable to both of them. The accounting <br />form(s) shall be sufficient to demonstrate that the net effective replacement equaled <br />or exceeded the total depletion on a monthly basis. All replacement water must be <br />concurrent with depletions in quantity, timing and location, except that releases <br />aggregated at the discretion of the Division Engineer may occur in a later month than <br />the depletions. Said accounting must be received by the 10th of the month following <br />the reporting period. <br />10. Application must be made in Water Court for a permanent plan for augmentation for the <br />uses herein allowed by the expiration date of this plan unless re- approval under 37 -92- <br />308(5) is requested. Approval of this plan does not imply approval by this office of any <br />such court application. <br />11. This plan may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all out of priority diversions must <br />cease immediately. <br />