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Mr. Joe Kraig <br />Heit SWSP <br />September 22, 2015 <br />Page 4 of 5 <br />at William.Schneider@state.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 />In addition, the Applicant shall verify that the entity making replacements has <br />included this use on their accounting submitted to our office; for this plan, that entity <br />is the City and County of Broomfield (WDID 0202513). The report shall include an <br />accounting of all fully consumable effluent from Broomfield's wastewater treatment <br />plant controlled by Broomfield, showing the total volume of water under its control <br />and the amount committed to each of the recipients of the water. <br />12. 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 headgate 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 installation 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 />13. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <br />14. Replacement of lagged depletions shall continue until there is no longer an effect on <br />stream flow. <br />15. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. Should this substitute water supply plan expire without renewal or be revoked <br />prior to adjudication of a permanent plan for augmentation, all excavation of product <br />from below the water table, and all other use of water at the pit, must cease <br />immediately. <br />16. In accordance with amendments to Section 525-8-202-(7), C.R.S. and Senate Bill 89- <br />181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of <br />use to which the senior appropriation receiving the substitute supply has normally <br />been put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirement of use of the senior appropriator is met. <br />17. The decision of the state engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as a defense in <br />any pending water court case or any other legal action that may be initiated <br />concerning this plan. This decision shall not bind the state engineer to act in a similar <br />manner in any other applications involving other plans, or in any proposed renewal of <br />this plan, and shall not imply concurrence with any findings of fact or conclusions of <br />