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Ayrton Hendrix <br /> August 15, 2022 <br /> Page 4 of 5 <br /> water must be sufficient to cover all out-of-priority depletions in time, place, and <br /> amount and must be made under the direction and/or the approval of the Water <br /> Commissioner. <br /> 10. The replacement water that is the subject of this SWSP cannot be sold or leased to any <br /> other entity during the term of this approval. As a condition of subsequent renewals of <br /> this SWSP, the replacement water must be appurtenant to this site until a plan for <br /> augmentation is obtained. All replacement water must be concurrent with depletions in <br /> quantity, timing, and locations. <br /> 11. The Applicant must replace all out-of-priority depletions resulting from operation under <br /> this SWSP, including those lagged depletions that occur to the stream after the <br /> expiration date of this SWSP. <br /> 12. The Applicant must provide adequate accounting (including, but not limited to <br /> diversions, depletions, and river calls) on a monthly basis. The accounting must be <br /> submitted to the Division Engineer via the online submittal tool. Submission access was <br /> established under the previous SWSP approval, please contact Brian Sutton at <br /> brian.sutton@state.co.us with any questions related to accounting submission under this <br /> SWSP approval. Accounting must be submitted within 10 days after the end of the <br /> month for which the accounting applies. Accounting and reporting procedures are <br /> subject to approval and modification by the Division Engineer. NOTE: Monthly <br /> accounting, even during the winter non-irrigation season, is required. <br /> 13. 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 has <br /> occurred or will occur as a result of the operation of this SWSP. Should this SWSP expire <br /> 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. <br /> 14. 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 produces a permanent water <br /> 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 prior <br /> to the completion of mining to include, but not be limited to, long-term evaporation <br /> losses. If a lined pond results after reclamation, replacement of lagged depletions shall <br /> continue until there is no longer an effect on stream flow. Granting of this SWSP does <br /> not imply approval by this office of any such court application(s). <br /> 15. In accordance with amendments to 525-8-202(7), C.R.S., and Senate Bill 89-181 Rules <br /> and Regulations adopted on February 4, 1992, the State Engineer shall determine <br /> whether the substitute supply is of a quality to meet the requirements of use to senior <br /> appropriators. As such, water quality data or analysis may be requested at any time to <br /> determine if the water quality is appropriate for downstream water users. <br />