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Aggregate Industries South Platte Combined SWSP January 30, 2019  <br />Plan IDs 3614, 4773, 3624, 4772, 4616, 3437, 3376, 3650, 3668, and 5475 Page 18 of 21  <br /> <br />13.The Division Engineer, or his designated representative, will 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 />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, 2019,​ the  <br />Applicant shall provide an affidavit to the water commissioner and division engineer that  <br />confirms dry-up during the ​2019​ 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  <br />dried-up land, the acreage of dry-up, and any accompanying metadata. In addition, the  <br />datum must be NAD83 and the UTM projection must be Zone 13. If a shapefile of the acreage  <br />was provided previously and the proposed dry-up acreage has remained the same, the notice  <br />can reference the previously provided shapefile, rather than providing it again. If the actual  <br />dry-up does not match the land proposed for dry-up in the spring, a revised GIS shape file  <br />must be 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 groundwater contributions. As a result, the historical consumptive use  <br />(“HCU”) credit calculated for the subject water right(s) to be changed by this SWSP shall be  <br />reduced by any ongoing sub-irrigation from groundwater. In order to ensure the required  <br />dry-up conditions exist during the approval period of this SWSP, and to ensure no  <br />sub-irrigation from groundwater is occurring, the Applicant shall provide records of monthly  <br />monitoring of depth to groundwater for all land associated with the change of water right(s)