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Austin Malotte, P.E. <br />September 17, 2015 <br />Page 5 <br />water is decreed for said augmentation purposes in this plan. <br />10. The name, address, and phone number of a contact person who will be responsible <br />for the operation and accounting of this plan must be provided on the accounting <br />forms to the division engineer and water commissioner. <br />11. The approval of this substitute water supply plan does not relieve the Applicant <br />and/or landowner of the requirement to obtain a Water Court decree approving a <br />permanent plan for augmentation or mitigation to ensure the permanent <br />replacement of all depletions, including long-term evaporation losses and lagged <br />depletions after gravel mining operations have ceased. The Applicant indicated <br />that the Sandy Acres Pit reclamation plan was amended on September 3, 2014 <br />from unlined ground water pond to backfilling the site. Therefore in order to <br />eliminate the evaporation depletions associated with the pit, E-470 will backfill <br />the pit with inert material from the Brannan Sand and Gravel Company <br />("Brannan") Pit 29 (DRMS M1980-183). Based on the information provided with <br />the renewal request of the SWSP, backfilling operations are ongoing and are <br />projected to be completed by September 2016. In the event that backfilling of the <br />site is not completed as estimated the Applicant or its successor in ownership <br />must provide information on the steps taken towards the completion of the <br />backfilling of the site. <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 <br />other 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 <br />a bypass structure or the use of an existing bypass structure by agreement with a <br />third -party, Applicant is responsible for either installation a new bypass structure <br />with a continuous recording measuring device(s) as approved by the water <br />commissioner or securing an agreement with a third -party to use an existing bypass <br />structure and providing such information and agreement to the division engineer. <br />13. This SWSP may be revoked or modified at any time should it be determined that <br />injury to other water rights has or will occur as a result of this plan. Should this SWSP <br />plan expire without renewal or be revoked prior to adjudication of a permanent plan <br />for augmentation, all excavation of product from below the water table, and all <br />other use of water at the pit, must cease immediately. <br />14. In accordance with amendments to Section §25-8-202(7), C.R.S. and "Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the state engineer shall determine <br />whether the SWSP is of a quality to meet requirements of use to senior appropriations. <br />As such, water quality data or analyses may be requested at any time to determine if <br />the water quality is appropriate for downstream water users. <br />15. 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 />