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Mr. Andy Rodriguez, P.E. Page 4 of 6 <br /> Bestway's Brighton Combined SWSP <br /> February 10, 2016 <br /> 5. The annual amount of water used at the operation shall not exceed 3.24 acre-feet for <br /> dust control and 16.40 acre-feet for concrete production. Mining activities outside of <br /> an approved slurry wall resulting in ground water depletions due to water lost in <br /> product are not projected to occur, and shall not occur during this SWSP approval <br /> period. <br /> 6. Total consumption at the Parker-Dersham Pit and Baseline Pit must not exceed the <br /> aforementioned amounts unless an amendment is made to this plan. <br /> 7. 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. <br /> 8. Conveyance loss for delivery of augmentation water is subject to assessment and <br /> modification as determined by the division engineer. Currently a 0.25 percent per <br /> mile transit loss for November through March (5.0 percent overall loss) and a 0.5 <br /> percent per mile transit loss for April through October (10.0 percent overall loss) per <br /> mile conveyance loss is being assessed, subject to change depending upon current <br /> conditions. <br /> 9. 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 headgate 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 /> 10. All releases of replacement water must be sufficient to cover all out of priority <br /> depletions and be made under the direction and/or approval of the water <br /> commissioner. The replacement may be aggregated to maximize beneficial use. The <br /> water commissioner and/or division engineer shall determine the rate and timing of an <br /> aggregated release. <br /> 11. Water shall not be impounded in the reservoirs except pursuant to lawful diversions <br /> allowed by statute or decree. At all other times, all inflow of water into the <br /> reservoirs from any source, including precipitation and ground water inflows, shall be <br /> removed by the applicant. The water may be removed from within the lined area and <br /> returned to the stream system through surface flow or ground water recharge without <br /> need for replacement, so long as the operator does not put the water to beneficial <br /> use. <br /> 12. 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 />