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Mr. Paul Bruss <br />September 15, 2015 <br />Page 4 of 5 <br />subject to approval and modification by the Division Engineer. NOTE: Monthly <br />accounting, even during the winter non -irrigation season, is required. <br />6. Credits for the Cabon 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. The <br />consumptive use factors to be used are identified in Tables 2a-1 and 2a-2, attached. <br />Credits not delivered in the above manner shall not be counted against downstream <br />depletions. <br />7. 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 />8. 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 />9. 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 2015-2017 irrigation seasons for each <br />parcel of land for the water rights listed in the approved replacement plan. All <br />affidavits must be provided to the Division Engineer by March 15, 2016 and March 15, <br />2017 in order that the final determination of augmentation credits for the irrigation <br />season can be made along with mapping showing any revisions to the dry -up acreage. <br />10. The approval of this SWSP does not relieve the Applicant and/or landowner of the <br />requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and tagged depletions after gravel mining <br />operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 2 Water Court at least three (3) years <br />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. Granting of this plan does not imply approval by this office of any such <br />court application(s). <br />11. 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 />of cow <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us <br />