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<br />Mr. William Berg, P.G. December 19, 2017 <br /> Page 4 of 5 <br />6. Total consumption at the St. Barbara Sand and Gravel Mine shall not exceed the <br />aforementioned amounts, totaling 26.90 acre-feet per year under Scenario A and 20.27 acre- <br />feet under Scenario B, unless a new SWSP is approved. <br /> <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. Any future historic consumptive use credits sought for <br />this site (e.g., agricultural water transfer) must consider all previous credits applied. <br /> <br />8. All pumping for dust suppression shall be measured in accordance with the Amended <br />Measurement Rules. A totalizing flow meter (TFM) or equivalent measuring device must be <br />installed and approved by the Division Engineer. <br /> <br />9. 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 water supply plan, the replacement <br />water must be appurtenant to this site until a plan for augmentation is obtained. All <br />replacement water must be concurrent with depletions in quantity, timing, and locations. <br /> <br />10. Conveyance loss for delivery of augmentation water is subject to assessment and modification <br />as determined by the Division Engineer. <br /> <br />11. Accounting of water in this plan, including pumping, stream depletions, and replacement water <br />deliveries must be provided to the Water Commissioners, Doug Hollister <br />(Doug.Hollister@state.co.us), Steve Stratman (steve.stratman@state.co.us), and Division <br />Engineer (augmentation.coordinator@state.co.us) with the subject line “St. Barbara Sand and <br />Gravel Mine” on forms and at times acceptable to them. Said accounting must be received by <br />the 10th of the month following the month being reported. The accounting provided with your <br />application on the attached Table 3 is subject to modification and approval by the Division <br />Engineer. All amounts shall be in acre-feet. <br /> <br />12. The name, mailing address, and phone number of the contact person who is responsible for <br />operation and accounting of this plan must be provided on the accounting forms. <br /> <br />13. The approval of this SWSP does not relieve the Applicant and/or the landowner of the <br />requirement to obtain a Water Court decree approving a permanent plan for augmentation or <br />mitigation to ensure the permanent replacement of all depletions, including long-term <br />evaporation losses and lagged depletions after gravel mining operations have ceased. If <br />reclamation of the mine site will produce a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 2 Water <br />Court at least three (3) years prior to the completion of mining, to include, but not be limited <br />to, long-term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions from mining and dewatering shall continue until <br />there is no longer an effect on stream flow. <br /> <br />12. 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 vested water rights has occurred or <br />will occur as a result of the operation of this SWSP. Should this SWSP expire without renewal <br />or be revoked prior to adjudication of a permanent plan for augmentation, all use of water <br />under this SWSP must cease immediately and the Applicant shall obtain and present to this <br />office an alternate source of replacement water. <br /> <br />13. In accordance with amendments to Section 25-8-202-(7), C.R.S. and “Senate Bill 89-181 Rules <br />and Regulations” adopted on February 4, 1992, the State Engineer shall determine whether or <br />not the substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users.