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Mr. Paul Bruss, P.E. <br /> December 19, 2019 <br /> Page 4 of 5 <br /> 4. Approval of this SWSP is for the purposes stated herein. Additional uses will be allowed only if <br /> a new SWSP is approved for those additional uses. The replacement water, which is the <br /> subject of this SWSP, cannot be sold or leased to any other entity during the term of this SWSP <br /> without prior approval of the Division Engineer. <br /> 5. Replacement water shall be made available to cover all out-of-priority depletions in time, <br /> place, and amount and shall be made available under the direction and/or approval of the <br /> Water Commissioner. Prior to use of any water leased by CWPDA, information must be <br /> provided to the Division Engineer to demonstrate that the source of water is legally available <br /> for use as a replacement source in this plan. <br /> 6. Conveyance loss for delivery of augmentation water is subject to assessment and modification <br /> as determined by the Division Engineer. <br /> 7. The Applicant shall provide daily accounting (including, but not limited to diversions, <br /> depletions, replacement sources, and river calls) on a monthly basis. The accounting must be <br /> emailed to the Water Commissioner (Lonnie.SpadyCstate.co.us) and to the Division Engineer <br /> (Augmentation.CoordinatorCstate.co.us) on forms and at times acceptable to them. Said <br /> accounting must be received by the 10th of the month following the month being reported. The <br /> name, mailing address, and phone number of the contact person who is responsible for <br /> operation and accounting of this plan must be provided on the accounting forms. Accounting <br /> and reporting procedures are subject to approval and modification by the Division Engineer. <br /> NOTE: Monthly accounting, even during the winter non-irrigation season, is required. <br /> 8. All parcels of dried up land are subject to administration pursuant to the Administration of <br /> Parcels Claimed for Augmentation Credit Agreement signed by the Colorado State Engineer <br /> and Kansas Chief Engineer in September of 2005. If any historical consumptive use credits <br /> from Deep Cut's two shares of the Rocky Ford Ditch are used in this SWSP, the Applicant must <br /> ensure that verification of dry up of the historically irrigated land is provided to the Division <br /> Engineer. Final verification of dry up must be in the form of an affidavit signed by an <br /> individual having personal knowledge of the dry up for the entire 2020 and 2021 irrigation <br /> seasons for each parcel of historically irrigated land. All affidavits must be provided to the <br /> Division Engineer by December 15, 2019 for 2019 dry up, December 15, 2020 for 2020 dry up, <br /> and December 15, 2021 for 2021 dry up such that the final determination of augmentation <br /> credits for the irrigation season can be made along with mapping showing any revisions to the <br /> dry up acreage. <br /> 9. The approval of this SWSP does not relieve the applicant and/or landowner of the requirement <br /> to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to <br /> ensure the permanent replacement of all depletions, including long-term evaporation losses <br /> and lagged depletions after the gravel mining operations have ceased. If reclamation of the <br /> mine site will produce a permanent water surface exposing ground water to evaporation, an <br /> application for plan for augmentation must be filed with the Division 2 Water Court at least <br /> three (3) years prior to the completion of mining to include, but not be limited to, long-term <br /> evaporation losses and lagged depletions. If the ponds will be backfilled, or a lined pond <br /> results after reclamation, replacement of lagged depletions must continue until there is no <br /> longer an effect on stream flow. Granting of this plan does not imply approval by this office <br /> of any such court application(s). <br />