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Mr: Paul Bruss, E. 1. <br />March 18, 2015 <br />Page 4 of 5 <br />7. The name, address, and phone number of the contact person who will be responsible <br />for the operation and accounting of this SWSP must be provided with the accounting <br />forms to the Division Engineer and Water Commissioner. <br />8. Credits for the Canon City and Oil Creek Ditch shares shall be determined by diverting <br />in- priority and measuring back to the river the amount for these share totals. Credits <br />will be determined by applying the appropriate consumptive use factor to the daily <br />delivered pro -rata share amount measured through the augmentation stations. Credits <br />not delivered in the above manner shall not be counted against downstream <br />depletions. <br />9. Conveyance loss for delivery of augmentation water to the Arkansas River is subject to <br />assessment and modification as determined by the Division Engineer. <br />10. Replacement water shall be made available to cover all out -of- priority depletions in <br />time, place, and amount and shall be made available under the direction and /or <br />approval of the Water Commissioner. <br />11. All parcels of dried up land are subject to administration pursuant to the <br />Administration of Parcels Claimed for Augmentation Credit Agreement signed by the <br />Colorado State Engineer and Kansas Chief Engineer in September of 2005. The final <br />verification of dry up will be in the form of an affidavit signed by an individual having <br />personal knowledge of the dry up for the entire 2014 and 2015 irrigation seasons for <br />each parcel of land for the water rights listed in the approved replacement plan. All <br />affidavits must be provided to the Division Engineer by April 15, 2015 for 2014 dry up <br />and January 15, 2016 for 2015 dry up such that the final determination of <br />augmentation credits for the irrigation season can be made along with mapping <br />showing any revisions to the dry up acreage. <br />12. The approval of this substitute water supply does not relieve the applicant and /or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long -term evaporation losses after the gravel mining operations <br />have ceased. Application for a decree should be made three years prior to the <br />completion of mining with the intent of obtaining a decreed plan by the completion of <br />mining. Approval of this substitute supply plan does not imply a position by this office <br />on any related litigation. <br />13. This SWSP may be revoked or modified at any time should it be determined that injury <br />to other vested water rights has occurred or will occur as a result of the operation of <br />this SWSP. Should this SWSP expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all use of water under this SWSP <br />must cease immediately. <br />14. In accordance with amendments to Section 25 -8- 202 -(7), C.R.S., and "Senate Bill 89- <br />181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine whether or not the substitute supply is of a quality to meet requirements of <br />'Co <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us I y� - O <br />* 187r <br />