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Mr. Mark McLean, P.E. <br /> April 20, 2016 <br /> Page 4 of 5 <br /> 6. AGUA/Stonewall Springs agree to replace out-of-priority depletions to senior surface <br /> water rights in Colorado and depletions to usable Stateline flows occurring after the <br /> expiration date of the plan (March 31, 2017) that are caused by diversions of ground water <br /> during the life of the SWSP. According to the renewal request, "AGUA has agreed to <br /> provide 2.56 acre-feet of fully consumable recharge credits from its Excelsior Recharge <br /> Ponds during the period of April, 2017 through March, 2018 if needed." <br /> 7. Releases of water by AGUA pursuant to this plan shall be coordinated with the Division <br /> Engineer and the Augmentation Coordinator and shall equal or exceed the depletions to <br /> be replaced on a monthly basis. <br /> 8. Accounting of water in this plan, including excavated area, area of actual ground water <br /> exposure, pumping, stream depletions, and replacement water deliveries must be <br /> provided to the Water Commissioners (Doug.Hollister@state.co.us and <br /> Steve.Stratman@state.co.us) and Division Engineer <br /> (Aug,mentation.Coordinator@state.co.us) on forms and at times acceptable to them. Said <br /> accounting must be received by the 10`h of the month following the month being reported. <br /> The name, mailing address, and phone number of the contact person who is responsible <br /> for operation and accounting of this plan must be provided on the accounting forms. <br /> Accounting and reporting procedures are subject to approval and modification by the <br /> Division Engineer. <br /> 9. 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 lagged depletions after gravel mining <br /> operations have ceased. If reclamation of the mine site will produce a permanent water <br /> surface exposing ground water to evaporation, an application for a plan for augmentation <br /> must be filed with the Division 2 Water Court at least three (3) years prior to the <br /> completion of mining to include, but not be limited to, long-term evaporation losses and <br /> lagged depletions. If a lined pond results after reclamation, replacement of lagged <br /> depletions shall continue until there is no longer an effect on stream flow. Granting of <br /> this plan does not imply approval by this office of any such court application(s). <br /> 10. This SWSP may be revoked or modified at any time should it be determined that injury to <br /> other vested water rights has occurred or will occur as a result of the operation of this <br /> SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of a <br /> permanent plan for augmentation, all use of water under this SWSP must cease <br /> immediately. <br /> 11. Dewatering at this site will produce delayed depletions to the stream system. As long as <br /> the pit is continuously dewatered, the water returned to the stream system should be <br /> adequate to offset the depletions attributable to the dewatering operation. Once <br /> dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, <br /> dewatering is required to continue during the terms of this approval. At least three years <br /> prior to completion of dewatering, a plan must be submitted that specifies how the post <br /> pumping dewatering depletions (including refilling of the pit) will be replaced, in time, <br /> ��oF•co <br /> 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us �����'\, <br /> John W. Hickenlooper, Governor I Robert Randall, Interim Executive Director <br /> `1876 <br />