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Frank Healy Page 3 <br /> June 17, 2014 <br /> modification by the Division Engineer. Accounting forms need to identify the WDID number for <br /> each well operating under this SWSP. NOTE: Monthly accounting, even during the winter non- <br /> irrigation season, is required. <br /> 7. The Applicant shall follow the accounting protocols as referenced in the attached documents for <br /> the operation of this SWSP. <br /> 81 The name, address, and phone number of the contact person who will be responsible for the <br /> operation and accounting of this SWSP must be provided with the accounting forms to the <br /> Division Engineer and Water Commissioner. <br /> 9. Credits to be used for depletions at pit sites below the point of credit must be made available by <br /> daily coordination with the Division Engineer's Office to affect delivery past any intervening <br /> ditches or through reservoirs to the point of depletion. Credits not delivered in the above manner <br /> shall not be counted against downstream depletions. <br /> 10. Conveyance loss for delivery of augmentation water to the Arkansas River is subject to <br /> assessment and modification as determined by the Division Engineer. <br /> 11. Replacement water shall be made available to cover all out-of-priority depletions in time, place, <br /> and amount and shall be made available under the direction and/or approval of the Water <br /> Commissioner. <br /> 12. The approval of this substitute water supply does not relieve the applicant and/or landowner of <br /> the requirement to obtain a Water Court decree approving a permanent plan for augmentation or <br /> mitigation to ensure the permanent replacement of all depletions, including long-term evaporation <br /> losses after the gravel mining operations have ceased. Application for a decree should be made <br /> three years prior to the completion of mining with the intent of obtaining a decreed plan by the <br /> completion of mining. Approval of this substitute supply plan does not imply a position by this <br /> office on any related litigation. <br /> f3. This SWSP may be revoked or modified at any time should it be determined that injury to other <br /> vested water rights has occurred or will occur as a result of the operation of this SWSP. Should <br /> this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for <br /> augmentation, all use of water under this SWSP must cease immediately. <br /> 14. In accordance with amendments to Section 25-8-202-(7), C.R.S., and "Senate Bill 89-181 Rules <br /> and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether or <br /> not the substitute supply is of a quality to meet requirements of use to senior appropriators. As <br /> such water quality data or analysis may be requested at any time to determine if the water quality <br /> is appropriate for downstream water users. The decision of the state engineer shall have no <br /> precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or <br /> serve as a defense in the pending water court case or any other legal action that may be initiated <br /> concerning the SWSP. This decision shall not bind the state engineer to act in a similar manner <br /> in any other applications involving other SWSP or in any proposed renewal of this SWSP, and <br /> shall not imply concurrence with any findings of fact or conclusions of law contained herein, or <br /> with the engineering methodologies used by the Applicant. <br /> 15.Acceptance of these conditions shall be assumed unless a letter to the contrary is received by <br /> this office and the Division Engineer's Office (310 E. Abriendo, Suite B, Pueblo CO 81004)within <br /> two weeks of your receipt of this letter. <br />