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Loveland Ready -Mix, Inc. Combined SWSP Page 5 of 6 <br />October 29, 2014 <br />7. The use of Applicant's 120 inches of the Barnes Ditch as a replacement source is subject to <br />the Applicant's compliance with the terms and conditions decreed in case no. 2000CW143, <br />including the maintenance of historic return flows. <br />8. The water attributable to the 120 shares of the Barnes Ditch must continue to be diverted in- <br />priority at the ditch then measured back to the Big Thompson River in the vicinity of the <br />subject pits, or at another location upon approval of the water commissioner. Adequate <br />measuring devices acceptable to the water commissioner must be installed. <br />9. All pumping for dust control purposes shall be measured in a manner acceptable to the <br />division engineer. <br />10. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity during the term of this approval. As a condition of the subsequent renewals of this <br />substitute water supply plan, the replacement water must be appurtenant to this site until <br />operations under the plan for augmentation in decreed in case no. 2000CW142 recommence. <br />All replacement water must be concurrent with depletions in quantity, timing and location. <br />11. Adequate accounting of diversions, cubic yards of concrete batching, tons of mined product, <br />water used for dust suppression, and replacements must be provided to the division engineer <br />and the water commissioner on a monthly basis or other interval acceptable to both of them. <br />The accounting must be emailed to the water commissioner, GeorQe.Roark@state.co.us, and <br />DivlAccountinq@state.co.us within 30 days of the end of the month for which the accounting <br />applies. Submitted accounting shall conform to the attached Division One Administration <br />Protocol "Augmentation Plan Accounting, Division One - South Platte Basin ". Accounting and <br />reporting procedures are subject to approval and modification by the division engineer. All <br />amounts shall be in acre -feet, except concrete batching, which shalt be in cubic yards, and <br />mined product, which shall be in tons. <br />12. Conveyance loss for delivery of augmentation water is subject to assessment and modification <br />as determined by the division engineer. <br />13. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to <br />the division engineer and the water commissioner. <br />14. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this plan. <br />Should this supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />15. in accordance with amendments to 5 25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to which the senior appropriation <br />receiving the substitute supply has normally been put. As such, water quality data or <br />analyses may be requested at any time to determine if the requirement of use of the senior <br />appropriator is met. <br />16. The decision of the State Engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any pending <br />water court case or any other legal action that may be initiated concerning this plan. This <br />