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Cheryl Signs, P.E. Page 12 <br /> Durham Combined SWSP <br /> August 12, 2014 <br /> of the Godding Ditch and the Applicant's Fossil Creek Reservoir water used for replacement <br /> purposes in this SWSP. <br /> 12. If the gravel pit included in this SWSP causes depletions that affect a senior surface water right at a <br /> location where this SWSP cannot provide replacement water, the gravel pit site is subject to <br /> curtailment until arrangements are made to provide replacement water at a point which will preclude <br /> injury to the calling senior surface water right. The gravel pit operator is responsible for providing <br /> replacement water in time, location, and amount to offset all out-of-priority depletions. By exposing <br /> ground water at this gravel pit site it is assumed that the Applicant agrees to abide by the conditions <br /> of this SWSP. <br /> 13. Adequate accounting of depletions and replacements must be provided to the division engineer in <br /> Greeley (Div 1AccountingCa--)state.co.us) and the water commissioner (Mark Simpson at <br /> mark.simpson(a)-state.co.us) and (Shera Sumerford at Shera.Sumerford()state.co.us) on a monthly <br /> basis or other interval acceptable to both of them. The accounting form provided with your <br /> application is subject to modification and approval by the division engineer. All submitted <br /> accounting shall conform to the Administration Protocol "Augmentation Plan Accounting, Division <br /> One— South Platte Rive' (attached). <br /> 14. The name, mailing address, and phone number of the contact person who will be responsible for <br /> operation and accounting of this SWSP must be provided on the accounting forms to the division <br /> engineer and water commissioner. <br /> 15. If reclamation of the mine site will produce a permanent water surface exposing groundwater to <br /> evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at <br /> least three years prior to the completion of mining to include, but not be limited to, long-term <br /> evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of <br /> lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this <br /> SWSP does not imply approval by this office of any such court application(s). <br /> 16. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is <br /> continuously dewatered, the water returned to the stream system should be adequate to offset the <br /> depletions attributable to the dewatering operation. Once dewatering at the site ceases, the delayed <br /> depletions must be addressed. Accordingly, dewatering is required to continue during the term of <br /> this approval. At least three years prior to completion of dewatering, a plan must be submitted that <br /> specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, <br /> in time, place and amount. In lieu of the totalizing flow meter requirement to be installed to <br /> accurately measure the monthly amount of dewatering, the Applicant proposes to rely on the <br /> dewatering pump curves data assuming a maximum head to the discharge of 35 feet. <br /> Therefore, for the purpose of this SWSP amendment this procedure to determine the amount <br /> of dewatering will be accepted; however, if the division engineer determines that this <br /> procedure does not provide accurate data on the monthly amount of dewatering the <br /> Applicant will be required to install a totalizing flow meter to accurately measure the monthly <br /> amount of dewatering. <br /> 17. To assure that depletions from ground water evaporation do not occur in the unforeseen event, or <br /> events, that would lead to the abandonment of the pit, the Applicant has dedicated five (5) shares of <br /> the Greeley Canal No. 3 and Fossil Creek Reservoir, four (4) shares of the Rural Ditch Company and <br /> portion of water rights decreed in case no. 2001 CW274 as replacement water to this gravel pit as <br /> replacement water solely to this SWSP for as long as there are depletions at this gravel pit site or until <br /> such time as another replacement source is obtained. A copy of the affidavit dated November 1, 2010 <br /> is attached to this letter. For the purposes of this SWSP amendment, this affidavit will be <br /> accepted for the dedication of the shares; however, if the State Engineer determines that a <br />