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Mr. David Heintz <br />Duckworth SWSP <br />May 6, 2015 <br />Page 9 of 10 <br />by Lighthouse Cove Development or others, and must be allowed to accrete to the <br />stream. The provision in the SWSP allowing LCP to be used as a recharge pond may <br />not be continued in SWSP renewals should it be determined by the water <br />commissioner or division engineer that water within LCP is being diverted for use <br />or accounting is not adequate to show that recharge of dewatering is occurring. <br />10. All diversions shall be measured in a manner acceptable to the Division Engineer. The <br />Applicant shall install and maintain such measuring devices as required by the Division <br />Engineer for operation of this SWSP. In addition, the applicant shalt maintain daily <br />records of all diversions, replacements, and the amount of water used for each <br />particular purpose. The applicant shall provide a report of these records to the <br />division engineer (DivlAccounting@state.co.us) and the water commissioner (Bob <br />Carlson at Bob. Carlsonestate.co.us) on a monthly basis. The accounting must be <br />submitted within 30 calendar days of the end of the month for which the accounting is <br />being made and conform to the Administration Protocol "Augmentation Plan <br />Accounting, Division One - South Platte River" (attached). <br />11. The name, address, and phone number of a contact person who will be responsible for <br />the operation and accounting of this plan must be provided on the accounting forms to <br />the Division Engineer and Water Commissioner. <br />12. Conveyance toss for delivery of augmentation water is subject to assessment and <br />modification as determined by the division engineer or water commissioner. <br />13. The approval of this substitute water supply plan does not relieve the Applicant <br />and/or the 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 alt depletions, including long-term evaporation losses and tagged 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 prior to the <br />completion of mining, to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions from mining and dewatering shalt continue until there is no longer an effect <br />on stream flow. <br />14. The Division Engineer, or his designated representative, will administer all such water <br />transported in the South Platte River or its tributaries under this SWSP, including <br />water for replacement of depletions, past intervening headgates to ensure that such <br />water is not intercepted or otherwise diminished in quantity by diversion, use or other <br />interference by intervening water rights and to assure that such water remains <br />available and suitable for Applicant's uses under this SWSP, except when any <br />intervening headgate is diverting the entire flow of ("sweeping") the river. In the <br />event that delivery past headgates which sweep the river requires the installation of a <br />bypass structure or the use of an existing bypass structure by agreement with a third - <br />party, Applicant is responsible for either installing a new bypass structure with a <br />continuous recording measuring device(s) as approved by the Water Commissioner or <br />securing an agreement with a third -party to use an existing bypass structure and <br />providing such information and agreement to the Division Engineer. <br />15. The Applicant is required to maintain their DRMS permit and an adequate bond to <br />cover their reclamation plan until there are no longer lagged depletions hitting the <br />