2014-12-11_HYDROLOGY - M1979059 - Laserfiche WebLink

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Peter Wayland Page 5 of 7 Brownwood SWSP December 11, 2014 5. All releases of replacement water must be sufficient to cover all out-of-priority depletions in time, place, and amount and must be made under the direction and/or the approval of the water commissioner. The release of replacement water may be aggregated to maximize beneficial use. The water commissioner and/or the division engineer shall determine the rate and timing of an aggregated release. 6. The water attributable to the 0.24 shares of the BTDMC must continue to be diverted in-priority at the ditch then measured back to the Big Thompson River in the vicinity of the Brownwood Pit and up-stream of the Hillsborough Ditch. Adequate measuring devices acceptable to the water commissioner must be installed. 7. In the event Loveland plans to use C-BT Project water as a replacement source, Loveland shall comply with the Interim Rule issued by the Northern District in May 2005 regarding the use of C-BT Project water in substitute water supply plans. Prior to the use of the C-BT Project water, Loveland shall notify this office, the division engineer and the water commissioner of the amount of C-BT Project water dedicated to this plan and provide a copy of the Northern District's approval letter as required by paragraph I(g) of the Northern District's May, 2005 Interim Rule. 8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. All replacement water must be concurrent with depletions in quantity, timing, and locations. 9. Adequate accounting of depletions and replacements must be provided to the division engineer in Greeley (DivlAccountin @state.co.us) and the water commissioner (,eorQe.roark@state.co.us) on a monthly basis. All amounts shall be in acre-feet. All submitted accounting shall conform to the Administration Protocol "Augmentation Plan Accounting - Division One, South Platte River" (attached). In addition, the applicant shall verify that Loveland includes replacement water for this SWSP in their monthly accounting. It is the Applicants responsibility to ensure Loveland releases the leased water in the correct time, place, and amount. 10. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner. 11. Approval of this SWSP does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. Approval of this plan does not imply approval by this office of any related litigation. 12. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining