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October 29, 2021 <br />Page 5 of 5 <br />controlled by Aurora, showing the total volume of water under its control and the amount <br />committed to each of the recipients of the water. <br />10. Conveyance loss for delivery of augmentation water to the point of depletion on the South <br />Platte River is subject to assessment and modification as determined by the division <br />engineer. <br />11. The division engineer, or his designated representative, will administer all such water <br />transported in the South Platte River or its tributaries under this SWSP, including water for <br />replacement of depletions, past intervening headgates to ensure that such water is not <br />intercepted or otherwise diminished in quantity by diversion, use or other interference by <br />intervening water rights and to assure that such water remains available and suitable for <br />Applicant's uses under this SWSP, except when any intervening headgate is diverting the <br />entire flow of ("sweeping") the river. In the event that delivery past headgates which sweep <br />the river requires the installation of a bypass structure or the use of an existing bypass <br />structure by agreement with a third -party, Applicant is responsible for either installing a new <br />bypass 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 <br />structure and providing such information and agreement to the division engineer. <br />12. The Division of Water Resources will not be responsible for any enforcement or <br />administration of third party agreements that are not included in a decree of the water <br />court. <br />13. The name, mailing address, and phone number of the contact person who will be responsible <br />for operation and accounting of this plan must be provided on the accounting forms to the <br />division engineer and water commissioner. <br />14. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br />Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining <br />operators must comply with the requirements of the Colorado Reclamation Act and the <br />Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 <br />letter from DRMS requires that you provide information to DRMS to demonstrate you can <br />replace long term injurious stream depletions that result from mining related exposure <br />of groundwater. The DRMS letter identifies four approaches to satisfy this requirement. <br />In accordance with approach nos. 1 and 3, you have indicated that a bond has been <br />obtained for $809,500.00 through the DRMS for lining of this site to assure that <br />depletions from groundwater evaporation do not occur in the unforeseen event or <br />events that would lead to the abandonment of the Pit. <br />15. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/or approval of the water commissioner (including the <br />proposed aggregated replacement for winter depletions). <br />16. 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 augmentation <br />or mitigation to ensure the permanent replacement of all depletions, including long-term <br />evaporation losses and lagged depletions after gravel mining operations have ceased. If <br />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 />