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diverting the entire flow of("sweeping") the river consistent with any existing decrees that apply <br /> to any such intervening headgate(s). In the event that delivery past such headgates, which have <br /> historically commanded or swept the stream, requires the installation of a bypass structure or the <br /> use of an existing bypass structure by agreement with a third-party, Applicant is responsible for <br /> either installing a new bypass structure with a continuous recording measuring device(s) as <br /> approved by the Water Commissioner or securing an agreement with a third-party to use an <br /> existing bypass structure or install a new structure and providing such information and <br /> agreement to the Division Engineer. <br /> 25.3 Applicant may aggregate releases necessary to replace out-of-priority depletions <br /> and return flow requirements under this plan with the permission of the Water Commissioner, <br /> provided there is no senior downstream water right holder requiring replacement water on a daily <br /> basis. With approval from the Water Commissioner, Applicant may aggregate such releases for <br /> up to one month from November 16 through February and from March 1 through November 15 <br /> Applicant may aggregate releases weekly. At all other times, replacements shall be made on a <br /> daily basis. <br /> 25.4 The State Engineer and Division Engineer are not party to or responsible for the <br /> administration of third party agreements, contracts or stipulations. <br /> 25.5 An as-built elevation-area-capacity table shall be submitted to and approved by <br /> the Division Engineer prior to any storage pursuant to the conditional water storage right for the <br /> Spec Agg Pit. Applicant shall install and maintain a staff gage in Spec Agg Pit and such other <br /> measuring devices as may be required by State water officials for administration of these water <br /> storage rights. The Spec Agg Pit shall be equipped with outlet works capable of passing all out- <br /> of-priority inflows, not otherwise stored by exchange as decreed herein, to the nearest natural <br /> watercourse. All such out-of-priority inflows to this reservoir from any source, including <br /> precipitation, must be released without use and without deduction for evaporation within <br /> 72 hours or as authorized by the Water Commissioner or Division Engineer. <br /> 26. Accounting and Measurement. <br /> 26.1 Accounting. The measurement and accounting of operations under this plan for <br /> augmentation shall be performed on a daily basis. Applicant shall submit monthly accounting to <br /> the Division Engineer within 30 days of the end of the preceding measurement month, though <br /> the Division Engineer may require more frequent reporting. The accounting forms are not <br /> decreed herein but Applicant has submitted the initial accounting forms to the Division Engineer <br /> and the opposers. <br /> 26.1.1 The initial accounting forms are attached as Exhibit 1. Opposers shall <br /> have sixty-three (63) days after entry of this Decree to submit comments on the initial accounting <br /> forms. An approval or denial of the initial accounting forms by the Division Engineer shall <br /> occur after the comment period has ended. Applicant shall not operate under this Decree until <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 25 <br />