Laserfiche WebLink
Jared Dains <br />November 18, 2013 <br />Page 4 <br />9. Releases of water by the Fountain Mutual Irrigation Company pursuant to this plan shall be <br />coordinated with the Water Commissioner and the Augmentation Coordinator and shall <br />equal or exceed the depletions to be replaced on a monthly basis. Applicant shall provide <br />fully executed lease agreements for procured replacement sources by December 1, <br />2013. <br />10. Replacement water provided for this plan at the Spring Creek augmentation station <br />must be input into the Fountain Creek Transit Loss Model and shall be tracked from the <br />point of entry into the model domain until the water is delivered near the confluence of Little <br />Fountain Creek to USGS Gaging Station No. 07106000 at Node 25. Deliveries on <br />Fountain Creek are subject to daily administration by the local Water <br />Commissioner, and actual transit losses on Fountain Creek shall be determined <br />by the Fountain Creek Transit Loss Model. <br />11. Accounting of water in this plan, including storage pond surface area, pumping for dust <br />suppression, pump meter readings pursuant to Well Permit No. 59834 -F, and <br />replacement water deliveries must be provided to the Water Commissioner <br />(Doug. Hollister @state.co.us) and Division Engineer <br />(_ augmentation .coordinator(D_state. co. us) with the subject line "Schmidt- Fountain Pit <br />SWSP" on forms and at times acceptable to them. Said accounting must be received by <br />the 10th of the month following the month being reported. The name, mailing address, <br />and phone number of the contact person who is responsible for operation and <br />accounting of this plan must be provided on the accounting forms. <br />12. 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. Should <br />this SWSP expire without renewal or be revoked prior to adjudication of a permanent <br />plan for augmentation, all use of water under this SWSP must cease immediately. <br />13. The replacement water that is the subject of this plan cannot be sold or leased to <br />any other entity. As a condition of subsequent renewals of this substitute water <br />supply plan, the replacement water must be appurtenant to this site until a plan for <br />augmentation is obtained. All replacement water must be concurrent with <br />depletions in quantity, timing and locations. <br />14. In accordance with amendments to §25 -8- 202(7), C.R.S., and "Senate Bill 89 -181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of <br />use to which the senior appropriation receiving the substitute supply has normally <br />been put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirement of use of the senior appropriator is met. <br />15. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as defense in <br />any water court case or any other legal action that may be initiated concerning the <br />substitute water supply plan. This decision shall not bind the State Engineer to act <br />in a similar manner in any other applications involving other plans or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of <br />fact or conclusions of law contained herein, or with the engineering methodologies <br />used by this applicant. <br />