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Mr. Raul Passerini, P.E. <br />March 19, 2014 <br />Page 8 <br />10. The water attributable to the Applicant's water rights dedicated to this SWSP from the <br />Famine Ditch, South Rock Creek Ditch, the Old Whetstone Sheep Creek Ditch, and the <br />McKay Ditch must continue to be diverted in- priority at the ditch headgates and then <br />measured back to the Blue River. Adequate measuring devices acceptable to the water <br />commissioner or division engineer must be installed. <br />11. This SWSP does not allow for any offsite water deliveries or sale of water for offsite use. <br />12. Replacement water is to be supplied via consumptive use credits from dry-up of lands <br />irrigated by the Famine Ditch, South Rock Creek Ditch, the McKay Ditch and the Old <br />Whetstone Sheep Creek Ditch and from storage in Green Mountain Reservoir and /or <br />Dillon Reservoir and will be released /delivered according to the schedule included in this <br />plan (see Tables 9 and 10) subject to modification by the division engineer or water <br />commissioner. Transit losses may be modified, as determined necessary, by the division <br />engineered pursuant to § 37 -80- 102(7), C.R.S, and § 37 -83 -104, C.R.S. <br />13. For the purposes of this SWSP, and based on water availability as reflected in the 1977- <br />1994 diversion records and the proposed dry-up of 138 acres of formerly irrigated hay <br />meadows, a total of 111.28 acre -feet of consumptive use credits will be allowed per year <br />under this SWSP (Table 8). <br />14. Return flows from irrigation must be delivered to the river via a pipe or ditch without further <br />consumptive use. <br />15. Replacement water shall be made available to cover all out -of- priority depletions in time, <br />place and amount and shall be made available under the direction and /or approval of the <br />water commissioner. The replacement water that is the subject of this plan cannot be sold <br />or leased to any other entity. As a condition of subsequent renewals of this SWSP, the <br />replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. All replacement water must be concurrent with depletions in quantity, timing, <br />and locations. <br />16. The Applicant must submit accounting reports electronically to the Division 5 Office <br />(Steve Pope, Augmentation Plan Coordinator, steve.pope @state.co.us, telephone 970- <br />945 -5665) and water commissioner (Troy Wineland, troy.wineland @state.co.us, <br />telephone 970 - 355 -4516) on a monthly basis or other interval acceptable to both of <br />them. The Applicant shall also provide an annual report to the division engineer and <br />water commissioner by November 15th, which summarizes diversions and replacements <br />made pursuant to this SWSP. Accounting forms are subject to modification and <br />approval by the division engineer. Flow rates shall be reported in cfs, volumes shall be <br />reported in acre -feet. <br />17. In accordance with the letter dated April 30, 2010 (copy attached) from the <br />Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and <br />gravel mining operators must comply with the requirements of the Colorado <br />Reclamation Act and the Mineral Rules and Regulations for the protection of <br />water resources. The April 30, 2010 letter from DRMS requires that you provide <br />information to DRMS to demonstrate you can replace long term injurious stream <br />depletions that result from mining related exposure of ground water. The DRMS <br />letter identifies four approaches to satisfy this requirement. In accordance with <br />approach no. 1 and 3, Everist obtained a bond for $686,368.00 through DRMS for <br />lining or backfilling of the exposed ground water. <br />