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Mr. Andy Rodriguez, P.E. Page 5 of 6 <br />Bestway's Brighton Combined SWSP <br />February 20, 2015 <br />12. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <br />13. Adequate accounting of depletions and replacements must be provided to the Division <br />Engineer in Greeley (Div1Accountinq@state.co.us) and the water commissioner <br />(William Schneider at William.Schneider@state.co.us) on a monthly basis. All amounts <br />shall be in acre -feet. All submitted accounting shalt conform to the Administration <br />Protocol "Augmentation Plan Accounting, Division One - South Platte River" <br />(attached). <br />In addition, the applicant shall verify that the entities making replacement are <br />identifying this use on their accounting submitted to our office. For the period of this <br />plan, that entity is the City of Aurora (WDID 0802593 - Aurora Reuse). <br />14. The approval of this substitute water supply plan does not relieve the Applicant <br />and /or landowner of the requirement to obtain a Water Court decree approving a <br />permanent plan for augmentation or mitigation to ensure the permanent replacement <br />of all depletions, including long -term evaporation losses and lagged depletions after <br />gravel mining operations have ceased. If reclamation of the mine site will produce a <br />permanent water surface exposing groundwater to evaporation, an application for a <br />plan for augmentation must be filed with the Division 1 Water Court at least three (3) <br />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, <br />replacement of lagged depletions shall continue until there is no longer an effect on <br />stream flow. <br />15. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. <br />16. Dewatering is not expected to occur at these sites during the period of this SWSP, <br />therefore dewatering shall not occur unless an amendment to this SWSP is approved. <br />17. To assure that depletions from groundwater evaporation do not occur in the <br />unforeseen event, or events, that would lead to the abandonment of the pits, a bond <br />through DRMS, in the amount of $974,000.00 for the Parker - Dersham Pit and <br />$711,750.00 for the Baseline Pit, for lining or backfilling of the each pit has been <br />obtained. Therefore, in case of abandonment the bond can finance the completion of <br />the lining of the pit or the backfilling, thus preventing depletions to the stream <br />system. <br />18. In accordance with amendments to Section 525 -8- 202 -(7), C.R.S. and "Senate Bill 89 -181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />if this substitute water supply plan is of a quality to meet requirements of use to which <br />the senior appropriation receiving the substitute supply has normally been put. As such, <br />water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />19. The decision of the state engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as a defense in <br />