2015-08-21_HYDROLOGY - M1998014

• Permit No: M1998014
• IBM Index Class Name: HYDROLOGY
• Doc Date: 8/21/2015
• Doc Name: Substitute Water Supply Plan
• From: DWR
• To: DRMS
• Email Name: THM
• Media Type: D
• Archive: No

Gypsum Ranch Pit SWSP
August 11, 2015
Page 5of6
5. Total consumption at the Gypsum Ranch Pit site must not exceed the amounts listed in
the Depletion Section of this SWSP unless an amendment is made to this SWSP.
6. In the event a water right call is placed on the Eagle River downstream of the
Gypsum Ranch Pit, United must cease all out -of -priority diversions under this
SWSP unless replacement water is delivered to the calling reach in the amount
needed to replace all out -of -priority depletions.
7. Replacement water shall be made available to cover all out -of -priority depletions in time,
place, and amount and shall be made available under the direction and/or approval of
the water commissioner. If approved by the water commissioner and/or division
engineer, the replacement water may be aggregated to maximize beneficial use. The
water commissioner and/or division engineer shall determine the rate and timing of an
aggregated release.
8. The use of consumptive use credits from dry -up of 15 acres of historically irrigated lands
under the C M Stremme and Gates Ditch is subject to the terms and conditions decreed
in Case No. 2002CW211. Approval of this SWSP does not change or alter the terms
and conditions decreed in Case No. 2002CW211.
9. Conveyance loss for delivery of augmentation water is subject to assessment and
modification as determined by the division engineer and/or water commissioner.
10. The replacement water, which is the subject of this plan cannot be sold or leased to any
other entity during the term of this SWSP without prior approval of the division engineer.
11. All diversions shall be measured in a manner acceptable to the division engineer. The
Applicant shall install and maintain measuring devices as required by the division
engineer for operation of this SWSP.
12. The Applicant must submit accounting reports to the Division Engineer (Alan Martellaro,
alan.martellaro(o)state.co.us, telephone [phone]) and Water Commissioner (Bill
McEwen, bill. mcewen(o)state.co.us, telephone [phone]) on a monthly basis or
other interval acceptable to both of them. The Applicant shall also provide an annual
report to the Division Engineer and Water Commissioner by November 15th, which
summarizes diversions and replacements made pursuant to this SWSP. Accounting
forms are subject to modification and approval by the division engineer. Flow rates shall
be reported in cfs, volumes shall be reported in acre-feet.
13. This SWSP may be revoked or modified at any time should it be determined that injury to
other vested water rights has or will occur as a result of the operation of this SWSP.
Should this SWSP expire without renewal or be revoked prior to adjudication of a
permanent plan for augmentation, all out of priority diversions must cease immediately.
14. 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 pending
water court case or any other legal action that may be initiated concerning the SWSP. This
decision shall not bind the state engineer to act in a similar manner in any other
applications involving SWSPs or in any proposed renewal of this SWSP, and shall not
imply concurrence with any findings of fact or conclusions of law contained herein, or with
the engineering methodologies used by the Applicant. Any appeal of a decision made by