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Mr. Jared Dains, P.E. February 9, 2017 <br />Page 4 of 5 <br />6. Pumping from the storage tank or the ground water pond during this plan is limited to 3.5 <br />acre-feet for dust suppression purposes. Pumping from well permit no. 59834-F must not <br />exceed the amount of replacement water available minus transit losses unless a new plan <br />application is submitted and approved, which provides additional replacement supplies. <br />7. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office in a new SWSP. <br />8. Releases of water by the Fountain Mutual Irrigation Company pursuant to this plan shall be <br />coordinated with the Water Commissioner and the Augmentation Coordinator and shall equal <br />or exceed the depletions to be replaced on a monthly basis. Applicant shall provide fully <br />executed lease agreements for procured replacement sources prior to use in this plan. <br />9. Replacement water provided for this plan at the Spring Creek augmentation station must be <br />entered into the Fountain Creek Transit Loss Model and shall be tracked from the point of <br />entry into the model domain until the water is delivered near the confluence of Little <br />Fountain Creek to USGS Gaging Station No. 07106000 at Node 25. Deliveries on Fountain <br />Creek are subject to daily administration by the local Water Commissioner, and actual <br />transit losses on Fountain Creek shall be determined by the Fountain Creek Transit Loss <br />Model. <br />10. Accounting of water in this plan, including storage pond surface area, pumping for dust <br />suppression, pump meter readings pursuant to Well Permit Nos. 59834-F and 77721-F, and <br />replacement water deliveries must be provided to the Water Commissioner <br />(Doug. HollisterCstate.co.us) and Division Engineer (augmentation, coordi natorstate.co.us) <br />with the subject line "Schmidt -Fountain Pit SWSP" on forms and at times acceptable to <br />them. Said accounting must be received by the 10th of the month following the month being <br />reported. The existing accounting spreadsheet shall be updated to include each reporting <br />element mentioned above. The name, mailing address, and phone number of the contact <br />person who is responsible for operation and accounting of this plan must be provided on the <br />accounting forms. <br />11. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at <br />any time the State Engineer determines that injury to other water rights has or will occur as <br />a result of this plan. Should this SWSP expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all use of water under this SWSP must <br />cease immediately. <br />12. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this SWSP, the replacement water must be <br />appurtenant to this site until a plan for augmentation is obtained. AR replacement water <br />must be concurrent with depletions in quantity, timing and locations. <br />13. In accordance with amendments to 525-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and <br />Regulations" adopted on February 4, 1992, the State Engineer shall determine if this <br />substitute water supply is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substitute supply has normally been put. As such, water quality <br />data or analyses may be requested at any time to determine if the requirement of use of the <br />senior appropriator is met. <br />14. The decision of the State Engineer shall have no precedential or evidentiary force, shall not <br />