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Bernhardt Pit SWSP March 9, 2015 Page 4 of 5 replacement may be aggregated to maximize beneficial use. The water commissioner and /or division engineer shall determine the rate and timing of an aggregated release. 12. Water shall not be impounded in the slurry wall reservoir except pursuant to lawful diversions allowed by statute or decree. At all other times, all inflow of water into the reservoir from any source, including precipitation and ground water inflows, shall be removed by the applicant. The water may be removed from within the lined area and returned to the stream system through surface flow or ground water recharge without need for replacement, so long as the operator does not put the water to beneficial use. 13. 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. 14. Adequate accounting of depletions and replacements must be provided to the division engineer in Greeley (DivlAccountinQ@state.co.us) and the water commissioners (George Roark at Georg e.Roark@state.co.us and Bill Schneider at William.Schneider@state.co.us) on a monthly basis. The accounting form provided with your application is subject to modification and approval by the division engineer. 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 the Central has submitted a report to the Division Engineer that includes an accounting of all replacement water controlled by Central, showing the total volume of water under its control and the amount committed to each of the recipients of the water, including the water committed to this plan. 15. The approval of this substitute water supply plan 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. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long -term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 16. In accordance with amendments to § 25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules and Regulations adopted on February 4, 1992, the state engineer shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 17. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately. 18. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other