Laserfiche WebLink
Pau i 131RIss <br /> August 3, 2021 <br /> Page 4 of 5 <br /> 5. Replacement water shall be made available to cover all out-of-priority depletions in <br /> time, place, and amount and shall be made available under the direction and/or <br /> approval of the Water Commissioner. The Applicant will deliver its Rocky Ford Ditch <br /> shares directly to the Arkansas River using the City of Aurora's augmentation station. <br /> The City of Aurora will include the delivery of the Applicant's Rocky Ford Ditch shares <br /> in its water accounting for this augmentation station. <br /> 6. Conveyance loss for delivery of augmentation water is subject to assessment and <br /> modification 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 <br /> must be submitted to the Division Engineer via the online submittal tool. Please <br /> contact Bethany Arnold at I3ethanyoArnold(@state.co.us to set up an account with the <br /> subject line "Deep Cut SWSP". Accounting must be submitted within 10 days after the <br /> end of the month for which the accounting applies. Accounting and reporting <br /> procedures are subject to approval and modification by the Division Engineer. NOTE: <br /> 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 <br /> Administration of Parcels Claimed for Augmentation Credit Agreement signed by the <br /> Colorado State Engineer and Kansas Chief Engineer in September of 2005. Final <br /> verification of dry up must be in the form of an affidavit signed by an individual having <br /> personal knowledge of the dry up for the entire 2021 and 2022 irrigation seasons for <br /> each parcel of historically irrigated land. All affidavits must be provided to the <br /> Division Engineer by December 15, 2021 for 2021 dry up and December 15, 2022 for <br /> 2022 dry up, such that the final determination of augmentation credits for the <br /> irrigation season can be made along with mapping showing any revisions to the dry up <br /> acreage. <br /> 9. 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 the gravel mining <br /> operations have ceased. If reclamation of the mine site will produce a permanent <br /> water surface exposing ground water to evaporation, an application for 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 the ponds will be backfilled, or a lined <br /> pond results after reclamation, replacement of lagged depletions shall continue until <br /> there is no longer an effect on stream flow. Granting of this SWSP does not imply <br /> approval by this office of any such court application(s). <br /> 10. 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 may need to obtain and present to this office an alternate source of <br /> replacement water. <br />