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South Platte Combined Replacement Plan <br />March 1, 2017 <br />Page 16 of 19 <br />planned releases and exchanges, including but not limited to, location, amount, and timing <br />(start and end dates). <br />14. The Division Engineer, or his designated representative, wilt administer all such water <br />transported in the South Platte River or its tributaries under this SWSP, including water for <br />replacement of depletions, past intervening headgates to ensure that such water is not <br />intercepted or otherwise diminished in quantity by diversion, use or other interference by <br />intervening water rights and to assure that such water remains available and suitable for <br />Applicant's uses under this SWSP, except when any intervening headgate is diverting the <br />entire flow of ("sweeping") the river. In the event that delivery past headgates which sweep <br />the river requires the installation of a bypass structure or the use of an existing bypass <br />structure by agreement with a third -party, Applicant is responsible for either installing a new <br />bypass structure 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 structure <br />and providing such information and agreement to the Division Engineer. <br />15. The Division of Water Resources will not be responsible for any enforcement or administration <br />of third party agreements that are not included in a decree of the water court. <br />16. The name, address, and phone number of a contact person who will be responsible for the <br />operation and accounting of this plan must be provided to the Water Commissioner(s) and the <br />Division Engineer. <br />17. Subject to prior approval by the division engineer, the Applicant may lease or purchase <br />additional replacement water as identified in this SWSP request. Such additional sources of <br />replacement water may only be used in this SWSP if the Applicant complies with the attached <br />Division One Administration Protocol "Use of Replacement Sources Not Specifically identified <br />in an SWSP or Augmentation Plan". <br />18. The Applicant shall perform an inspection and provide verification that the land associated <br />with the changed water rights in this SWSP has been removed from irrigation during the term <br />of this SWSP. Verification of dry -up must be in the form of an affidavit signed by an <br />individual with personal knowledge of the dry -up for the entire irrigation season for each <br />parcel of land associated with each change of water right in this SWSP. In accordance with <br />the attached "Administration Protocol - Dry -Up of Irrigated Land", by October 31, 2017, the <br />Applicant shall provide an affidavit to the water commissioner and division engineer that <br />confirms dry -up during the 2017 irrigation season. A GIS shapefile outlining the dry -up must <br />accompany each affidavit and be emailed to DNR DivlAccounting!@state.co.us. The shapefile <br />shall include the pending court case number, the WDID of the plan, a delineation of the dried- <br />up land, the acreage of dry -up, and any accompanying metadata. In addition, the datum <br />must be NAD83 and the UTM projection must be Zone 13. If a shapefile of the acreage was <br />provided previously and the proposed dry -up acreage has remained the same, the notice can <br />reference the previously provided shapefile, rather than providing it again. If the actual dry - <br />up does not match the land proposed for dry -up in the spring, a revised GIS shape file must be <br />submitted with the affidavit in the fall. <br />The historical consumptive use attributed to the changed surface water right(s) under this <br />SWSP shall not include ground water contributions. As a result, the historical consumptive <br />use ("HCU") credit calculated for the subject water right(s) to be changed by this SWSP shall <br />be reduced by any ongoing sub -irrigation from ground water. In order to ensure the required <br />dry -up conditions exist during the approval period of this SWSP, and to ensure no sub - <br />irrigation from ground water is occurring, the Applicant shall provide records of monthly <br />Office of the State Engineer <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 <br />www.water.statexo.us <br />