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Nathan Phelps <br /> April 10, 2020 <br /> Page 4 of 5 <br /> 6. Adequate accounting of depletions and replacements must be provided to the Water <br /> Commissioner (lonnie.spady state.co.us) and Division Engineer <br /> (DNR Div2groundwaterCstate.co.us) on a monthly basis or other interval acceptable to <br /> both of them. The accounting of depletions should be in a format similar to that shown <br /> on Table 2. The accounting form(s) shall be sufficient to demonstrate that the net <br /> effective replacement equals or exceeds the total depletion on a monthly basis. The <br /> name, address and phone number of the contact person who will be responsible for <br /> the operation and accounting of this plan must be provided with the accounting form <br /> to the Division Engineer and Water Commissioner. <br /> 7. The accounting form submitted in the month of November each year (at the end of the <br /> administrative Water Year) shall be submitted together with a plan drawing or aerial <br /> photograph to document the surface area of ground water exposed within the pit. <br /> 8. The approval of this SWSP does not relieve the Applicant and/or landowner of the <br /> requirement to obtain a Water Court decree approving a permanent plan for <br /> augmentation or mitigation to ensure the permanent replacement of all depletions, <br /> including long-term evaporation losses and lagged depletions after gravel mining <br /> operations have ceased. If reclamation of the mine site will produce a permanent <br /> water surface exposing groundwater to evaporation, an application for a plan for <br /> augmentation must be filed with the Division 2 Water Court at least three (3) years <br /> 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 /> stream flow. Granting of this plan does not imply approval by this office of any such <br /> court application(s). <br /> 9. The State Engineer may revoke this SWSP or add additional restrictions to its operation <br /> if at any time the State Engineer determines that injury to other vested water rights <br /> has occurred or will occur as a result of the operation of this SWSP. Should this SWSP <br /> expire without renewal or be revoked prior to adjudication of a permanent plan for <br /> augmentation, all use of water under this SWSP must cease immediately and the <br /> Applicant shall obtain and present to this office an alternate source of replacement <br /> water. <br /> 10. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill <br /> 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br /> determine whether or not the substitute supply is of a quality to meet requirements of <br /> use to senior appropriators. As such, water quality data or analysis may be requested <br /> at any time to determine if the water quality is appropriate for downstream water <br /> users. <br /> 11. The decision of the State Engineer shall have no precedential or evidentiary force, <br /> shall not create any presumptions, shift the burden of proof, or serve as a defense in <br /> any pending water court case or any other legal action that may be initiated <br /> concerning this plan. This decision shall not bind the State Engineer to act in a similar <br /> manner in any other applications involving other plans, or in any proposed renewal of <br />