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Mr. Andy Rodriguez, P.E. <br />Beltway's Brighton Combined SWSP <br />April 24, 2019 <br />Page 4 of 6 <br />interference by intervening water rights and to assure that such water remains <br />available and suitable for Applicant's uses under this SWSP, except when any <br />intervening headgate is diverting the entire flow of ("sweeping") the river. In the <br />event that delivery past headgate which sweep the river requires the installation of a <br />bypass structure or the use of an existing bypass structure by agreement with a <br />third -party, Applicant is responsible for either installation a new bypass structure with <br />a continuous recording measuring device(s) as approved by the Water Commissioner or <br />securing an agreement with a third -party to use an existing bypass structure and <br />providing such information and agreement to the Division Engineer. <br />6. All releases of replacement water must be sufficient to cover all out of priority <br />depletions and be made under the direction and/or approval of the water <br />commissioner. The replacement may be aggregated to maximize beneficial use. The <br />water commissioner and/or division engineer shall determine the rate and timing of an <br />aggregated release. <br />7. Water shall not be impounded in the reservoirs except pursuant to lawful diversions <br />allowed by statute or decree. At all other times, all inflow of water into the <br />reservoirs from any source, including precipitation and groundwater inflows, shall be <br />removed by the applicant. The water may be removed from within the lined area and <br />returned to the stream system through surface flow or groundwater recharge without <br />need for replacement, so long as the operator does not put the water to beneficial <br />use. <br />8. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <br />9. Adequate accounting of depletions and replacements must be provided to the Division <br />Engineer in Greeley (DivlAccounting@state.co.us), the river operations and compact <br />coordinator (Brent Schantz at Brent. Schantz@state.co.us), and water commissioner <br />(Jorge Vidal at Jorge. Vidat state.co.usl on a monthly basis. All amounts shall be in <br />acre-feet. All submitted accounting shall conform to the Administration Protocol <br />"Augmentation Plan Accounting, Division One - South Platte River" (attached). <br />In addition, the applicant shall verify that the entities making replacement are <br />identifying this use on their accounting submitted to our office. For the period of this <br />plan, that entity is the City of Aurora (WDID 0802593 - Aurora Reuse). <br />10. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a <br />permanent water surface exposing groundwater to evaporation, an application for a <br />plan for augmentation must be filed with the Division 1 Water Court at least three (3) <br />years prior to the completion of mining to include, but not be limited to, long-term <br />evaporation losses and lagged depletions. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on <br />