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Ms. Katie Todt <br /> January 10, 2022 <br /> Page 4 of 5 <br /> 5. Depletions resulting from evaporation of exposed groundwater may be reduced for ice covered <br /> periods. For the purposes of this SWSP, the Applicant shall replace the evaporation depletions <br /> from exposed groundwater any time the exposed groundwater is not completely covered by <br /> ice. <br /> 6. The replacement water that is the subject of this SWSP cannot be sold or leased to any other <br /> entity. As a condition of subsequent renewals of this SWSP, the replacement water must be <br /> appurtenant to this site until a plan for augmentation is obtained or all depletions have ceased <br /> and all lagged depletions have been replaced. All replacement water must be concurrent with <br /> depletions in quantity, timing and location, except that releases may be aggregated at the <br /> discretion of the Division Engineer or the Augmentation Coordinator. Releases of water by <br /> PBWW pursuant to this SWSP shall be identified as to the Reservoir making the release, to <br /> determine appropriate transit losses, and be coordinated with the Division Engineer and the <br /> Augmentation Coordinator. All release requests for the following month must be coordinated <br /> with Division 2 Staff by the last day of each month. All releases of water by PBWW are subject <br /> to transit losses, which are subject to assessment and modification by the Water Commissioner <br /> and Division Engineer. <br /> 7. Well permit no. 85156-F was issued for the Box Creek Placer Mine South Plant, and this permit <br /> remains valid for this site. <br /> 8. The Applicant must provide adequate accounting (including, but not limited to diversions, <br /> depletions, and river calls) on a monthly basis. The accounting must be submitted to the <br /> Division Engineer via the online submittal tool. Submission access was established under the <br /> previous SWSP approval, please contact Brian Sutton at brian.sutton@state.co.us with any <br /> questions related to accounting submission under this SWSP approval. Accounting must be <br /> submitted within 10 days after the end of the month for which the accounting applies. <br /> Accounting and reporting procedures are subject to approval and modification by the Division <br /> Engineer. <br /> 9. Release requests must be made through the Arkansas River Dashboard Release/Exchange <br /> Request system. The contact for the Dashboard is Phil Reynolds (philip.reynolds@state.co.us). <br /> Requests for releases shall be made based on the accounting and modeling results for the <br /> upcoming month and must be submitted no later than the 10th of the month. <br /> 10. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at <br /> any time the State Engineer determines that injury to other vested water rights has occurred or <br /> will occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or <br /> be revoked prior to adjudication of a permanent plan for augmentation, all use of water under <br /> this SWSP must cease immediately. <br /> 11. The decision of the State Engineer shall have no precedential or evidentiary force, shall not <br /> create any presumptions, shift the burden of proof, or serve as a defense in any pending water <br /> court case or any other legal action that may be initiated concerning the SWSP. This decision <br /> shall not bind the State Engineer to act in a similar manner in any other applications involving <br /> other SWSPs or in any proposed renewal of this SWSP, and shall not imply concurrence with any <br /> findings of fact or conclusions of law contained herein, or with the engineering methodologies <br /> used by the Applicant. Any appeal of a decision made by the State Engineer concerning an <br /> SWSP pursuant to § 37-92-308(5), C.R.S., shall be to the Division 2 water judge within thirty <br /> days of the date of this decision. <br />