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Mr. Mark McLean, P.E. <br /> April 20, 2016 <br /> Page 4 of 5 <br /> 92-308(5), C.R.S., shall apply and the statutory fee (currently) $300 will be required <br /> pursuant to 937-92-308(8), C.R.S. Any request for an additional SWSP must be <br /> submitted to this office by January 2, 2017. This SWSP is the third approval for this <br /> plan. <br /> 2. The total pumping and wellhead depletions allowed under this SWSP in combination <br /> with the operation of permit nos. 10555-R (WDID 1405131), 10554-F (WDID 1405132), <br /> 11369-R (WDID 1405134) and 53051-F (WDID 1405208) under the EWSD I, LLC SWSP <br /> and/or the Booth Well Association plan for augmentation decreed by the Division 2 <br /> Water Court in case no. O8CW12 are limited to 570.7 acre-feet and 477.3 acre-feet, <br /> respectively, or any change to those allocated amounts in the AGUA or Booth plans, <br /> during this plan year (April 1, 2016 through March 31, 2017). <br /> 3. Replacement water must be provided at the estimated stream depletion rates. <br /> Transit losses will be assessed by the Division Engineer and Water Commissioner <br /> relative to the release point. <br /> 4. Well diversions must be measured in accordance with the "Amended Rules Governing <br /> the Measurement of Tributary Ground Water Diversions Located in the Arkansas River <br /> basin" prior to use. A separate metering method must be established for the irrigation <br /> uses, and meter verification must be performed in accordance with the above Rules. <br /> 5. Due to the possibility that deliveries from the pipeline could occur at the same time as <br /> when the Excelsior Ditch is in priority and running water, the pipeline delivering water <br /> to the ditch in the vicinity of the EWSD I, LLC diversion must be metered and <br /> diversions from the ditch to EWSD I, LLC must be measured and accounted for to the <br /> satisfaction of the Division Engineer to demonstrate that Excelsior water is not being <br /> erroneously diverted. <br /> 6. Accounting of water in this plan, including pumping (as specifically metered for each <br /> use), stream depletions, and replacement water deliveries must be provided to the <br /> Water Commissioners (Doug.Hollister@state.co.us and Steve.Stratman@state.co.us) <br /> and Division Engineer (Augmentation.Coordinator@state.co.us) on forms and at times <br /> acceptable to them. Said accounting must be received by the 1Oth of the month <br /> following the month being reported. The name, mailing address, and phone number <br /> of the contact person who is responsible for operation and accounting of this plan <br /> must be provided on the accounting forms. <br /> 7. This plan may be revoked or modified at any time should it be determined that injury <br /> to other vested water rights has or will occur as a result of the operation of this plan. <br /> 8. Should this SWSP expire without renewal or be revoked prior to adjudication of a <br /> permanent plan for augmentation, all diversion of water under this SWSP must cease <br /> immediately. <br /> 9. 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 /> o:Cow, <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 I o <br /> t�.Mv�'"w <br /> *1876 <br />