2023-02-01_HYDROLOGY - M2002120 - Laserfiche WebLink

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Bernhardt Pit SWSP Page 4 of 5 February 1,2023 8. Water shall not be impounded in the slurry wall reservoirs except pursuant to lawful diversions allowed by statute or decree. At all other times, all inflow of water into the reservoirs from any source, including precipitation and groundwater inflows, shall be removed by the Applicant. The water may be removed from within the lined area and returned to the stream system without need for replacement, so long as the operator does not put the water to beneficial use. 9. Replacement water must be made available to replace all out-of-priority depletions in time, place, and amount and must be made available under the direction and/or approval of the water commissioner. The replacement water may be aggregated to maximize beneficial use. The Water Commissioner and/or Division Engineer shall determine the rate and timing of an aggregated release. 10. Conveyance loss for delivery of replacement water is subject to assessment and modification as determined by the Division Engineer. 11. Applicant must follow the Augmentation Plan Accounting or any other applicable protocols as referenced in the attached documents, for the operation of this SWSP. 12. The Applicant must replace all out-of-priority depletions resulting from operation under this SWSP, including those lagged depletions that occur to the stream after the expiration date of this SWSP. 13. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioner. 14. The Applicant shall provide daily accounting (including, but not limited to diversions, depletions, replacement sources, and river calls) on a monthly basis. The accounting must be uploaded to the CDSS Online Reporting Tool within 30 days of the end of the month for which the accounting applies (https://dwr.state.co.us/Tools/reporting). Instructions for using the tool are available on the Division of Water Resources website on the "Services" —> "Data Et Information" page under the heading of Online Data Submittal. Accounting and reporting procedures are subject to approval and modification by the Division Engineer. Accounting forms need to identify the WDID number for each structure operating under this SWSP. Additional information regarding accounting requirements can be found in the attached Augmentation Plan Accounting Protocol. NOTE: Monthly accounting, even during the winter non-irrigation season, is required. In addition, the Applicant shall verify that the Groundwater Management Subdistrict of the Central Colorado Water Conservancy has submitted a report to the Division Engineer that includes an accounting of all replacement water controlled by the GMS of the CCWCD, showing the total volume of water under its control and the amount committed to each of the recipients of the water, including the water committed to this plan. 15. The approval of this substitute water supply plan does not relieve the Applicant and/or 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, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow.