2021-10-19_HYDROLOGY - M2001085 (2)

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GSL Sand St Gravel Substitute Water Supply Plan Page 4 of 5 October 19, 2021 credit only for actual amounts released as shown in the entity's accounting. For the period of this plan, that entity is the City of Aurora (WDID 0802593 - Aurora Reuse). 9. The name, address, and phone number of a contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioner. 10. Conveyance loss for delivery of augmentation water to the South Platte River is subject to assessment and modification as determined by the Division Engineer. 11. The Division Engineer, or his designated representative, will administer all such water transported in the South Platte River or its tributaries under this SWSP, including water for replacement of depletions, past intervening headgate to ensure that such water is not intercepted or otherwise diminished in quantity by diversion, use or other interference by intervening water rights and to assure that such water remains available and suitable for Applicant's uses under this SWSP, except when any intervening headgate is diverting the entire flow of ("sweeping") the river. In the event that delivery past headgate which sweep the river requires the installation of a bypass structure or the use of an existing bypass structure by agreement with a third-party, Applicant is responsible for either installation a new bypass structure with a continuous recording measuring device(s) as approved by the Water Commissioner or securing an agreement with a third-party to use an existing bypass structure and providing such information and agreement to the Division Engineer. 12. The approval of this substitute water supply plan does not relieve the Applicant and/or the landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased if reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, or lagged depletions only if a lined pond results after reclamation, until there is no longer an effect on stream flow. 13. DRMS Permit No. M-2001-085 no longer requires a lined reservoir in the final reclamation plan. The Applicant's proposed amendment to DRMS, changing the final reclamation plan from water storage to an inert backfill operation, was approved. With the next SWSP renewal request, the Applicant is required to continue to demonstrate they are in compliance with their DRMS permit reclamation plan and the April 30, 2010 DRMS letter (attached). 14. The Applicant is required to maintain their DRMS permit and an adequate bond to cover their reclamation plan until (1) there are no longer lagged depletions hitting the river, (2) a suitable augmentation plan is obtained, or (3) another party assumes full augmentation responsibilities. The Applicant has a current bond of $368,590 to account for backfilling the pit. With all future SWSP renewal requests, the Applicant will be required to demonstrate continuing compliance, or diligent pursuit of compliance, with the April 30, 2010 DRMS letter, specifically in regard to the required financial warranty for the site. 15. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at any time the State Engineer determines that injury to other vested water rights has occurred or will occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of the product from below the water table, and all other use of water at the pit, must cease immediately. In addition, lack of timely accounting may prevent proper administration, which may lead to revocation or modification of this plan.