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NCCI Pit#1 Substitute Water Supply Plan <br /> December 3, 2019 <br /> Page 4 of 5 <br /> Applicant's uses under this SWSP, except when any intervening headgate is diverting the entire <br /> flow of ("sweeping") the river. In the event that delivery past headgates which sweep the river <br /> requires the installation of a bypass structure or the use of an existing bypass structure by <br /> agreement with a third-party, Applicant is responsible for either installing a new bypass <br /> 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 /> 11. 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. The name, <br /> mailing address, and phone number of the contact person who will be responsible for operation <br /> and accounting of this plan must be provided on the accounting forms to the division engineer <br /> and water commissioner. <br /> 12. 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 plan for <br /> augmentation or mitigation to ensure the permanent replacement of all depletions, including <br /> long-term evaporation losses and lagged depletions after gravel mining operations have ceased. <br /> If reclamation of the mine site will produce a permanent water surface exposing groundwater <br /> to evaporation, an application for a plan for augmentation must be filed with the Division 1 <br /> Water Court at least three (3) years prior to the completion of mining to include, but not be <br /> limited to, long-term evaporation losses and lagged depletions. If a lined pond results after <br /> reclamation, replacement of lagged depletions shall continue until there is no longer an effect <br /> on stream flow. <br /> 13. 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 or <br /> be revoked prior to adjudication of a permanent plan for augmentation, all use of water under <br /> this SWSP must cease immediately. <br /> 14. Dewatering at this site will produce delayed depletions to the stream system. At least three <br /> years prior to completion of dewatering, a plan must be submitted that specifies how the post <br /> pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place <br /> and amount. In order for the Applicant to claim net accretion credit for dewatering operations, <br /> the actual use as demonstrated by the dewatering meters, must be analyzed to show true <br /> pumping impacts. <br /> 15. To assure that depletions from groundwater evaporation do not occur in the unforeseen event, <br /> or events, that would lead to the abandonment of the pit, a bond through DRMS for $1,030,074 <br /> for lining of the pit has been obtained. Therefore, in case of abandonment the bond can <br /> finance the completion of the lining of the pit or the backfilling, thus preventing depletions to <br /> the stream system. <br /> 16. In accordance with amendments to Section S25-8-202-(7), C.R.S. and "Senate Bill 89-181 Rules and <br /> Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute <br /> water supply plan is of a quality to meet requirements of use to which the senior appropriation <br /> receiving the substitute supply has normally been put. As such, water quality data or analyses may <br /> be requested at any time to determine if the requirement of use of the senior appropriator is met. <br /> 17. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br /> create any presumptions, shift the burden of proof, or serve as a defense in any water court <br /> case or any other legal action that may be initiated concerning the substitute water supply <br /> plan. This decision shall not bind the State Engineer to act in a similar manner in any other <br />