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Aggregate Industries South Platte Combined SWSP April 13, 2018 <br />Plan IDs 3614, 4773, 3624, 4772, 4616, 3437, 3376, 3650, 3668, and 5475 Page 17 of 20 <br /> <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 />14. 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 />15. 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 />16. 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 />17. 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, 2018, the <br />Applicant shall provide an affidavit to the water commissioner and division engineer that <br />confirms dry-up during the 2018 irrigation season. A GIS shapefile outlining the dry-up must <br />accompany each affidavit and be emailed to DNR_Div1Accounting@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 />monitoring of depth to ground water for all land associated with the change of water right(s) <br />in this SWSP. Information regarding depth to ground water may be provided using existing <br />irrigation wells, existing or new monitoring wells, or piezometers located on the dried-up <br />fields. Applicant may utilize wells or piezometers located within ¼ mile of each field <br />provided that the Applicant can demonstrate the depth to ground water information available <br />off-site is representative of the depth to ground water on the dried-up land. The Applicant <br />shall modify its accounting to reduce the amount of the calculated HCU that may be claimed <br />in this SWSP according to the table below. Measurements taken at the start of each month <br />will determine the necessary reduction in credit to be applied during the following month. <br />The Applicant may use another methodology upon review and prior approval by the state