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Chavers Mining Resources Substitute Water Supply Plan 2023 Page 6 of 8 <br /> August 29, 2023 <br /> In addition, the Applicant shall verify that the entity making replacements has included the Applicant <br /> on their accounting and submitted their accounting to the division office and the Water Commissioner; <br /> for this SWSP, that entity is the City of Aurora. <br /> 10. Conveyance loss for delivery of augmentation water to the point of depletion on the South Platte <br /> River is subject to assessment and modification as determined by the Division Engineer. Currently, <br /> transit losses are assessed at a rate of 0.5% per mile (11% for 22 miles) during the months of April <br /> through October and 0.25% per mile (5.5% for 22 miles) during the months of November through <br /> March. <br /> 11. In order to prevent injury to other water rights, the Division Engineer and Water Commissioner must <br /> be able to administer Applicants' replacement water past headgates on the river at times when those <br /> headgates would otherwise be legally entitled to divert all available flow in or "sweep" the South <br /> Platte or its tributaries. Applicant shall not receive credit for replacement of depletions to the South <br /> Platte below such diversion structures unless bypass and measurement structures are in place to allow <br /> the division engineer and water commissioner to confirm that Applicant's replacement water is <br /> delivered past the headgates. In the event that delivery past dry-up points requires the use of a <br /> structure for which a carriage or use agreement with a third party is required, Applicant shall be <br /> responsible for securing such agreement. Until such time as the Applicant provides a copy of the <br /> carriage or use agreement to the Division Engineer and Water Commissioner, no credit will be allowed <br /> for replacement of depletions to the South Platte below such diversion structure. <br /> 12. The State Engineer will not be responsible for any enforcement or administration of third party <br /> agreements that are not included in a decree of the water court. <br /> 13. The name, mailing address, and phone number of the contact person who will be responsible for <br /> operation and accounting of this plan must be provided on the accounting forms to the Division <br /> Engineer and Water Commissioner. <br /> 14. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is <br /> continuously dewatered at a relatively constant rate, the water returned to the stream system <br /> should be adequate to offset the depletions attributable to the dewatering operation. Dewatering <br /> operations must be measured by totalizing flow meters that can accurately show the monthly <br /> volume of dewatered water that is pumped and returns to the stream. If dewatering at the site <br /> ceases, or is significantly reduced, the monthly meter readings will be used to determine post <br /> pumping depletions that must be replaced. At least three years prior to completion of <br /> dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions <br /> (including refilling of the pit) will be replaced, in time, place and amount. Should it be <br /> determined by the Water Commissioner or Division Engineer that dewatering water is being <br /> diverted for any purpose by the operator and accounting is not adequate to show that 100 <br /> percent of the dewatering water is returned back to the South Platte River, the Applicant will <br /> need to account for any lagged dewatering depletions at the site. In addition, if it is determined <br /> by the Water Commissioner or Division Engineer that the pit is not continuously dewatered at a <br /> relatively constant rate then the Applicant must track depletions and dewatering return flows in <br /> their accounting and replace any dewatering depletions that are not offset by dewatering return <br /> flows. <br /> 15. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of <br /> Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the <br /> requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the <br /> protection of water resources. The April 30, 2010 letter from DRMS requires that the Applicant <br /> provide information to DRMS to demonstrate they can replace long term injurious stream depletions <br /> that result from mining related exposure of groundwater. The DRMS letter identifies four approaches <br />