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2023-2024 Valley's Edge Resource Substitute Water Supply Plan Renewal Page 5 of 6 <br /> November 16, 2023 <br /> Commissioner at least 48 hours prior to the release of replacement water, or as required by <br /> the Water Commissioner. <br /> 14. The Applicant must replace all out-of-priority depletions resulting from operation underthis <br /> SWSP, including those lagged depletions that occur to the stream after the expiration date <br /> of this SWSP. <br /> 15. In order to prevent injury to other water rights, the Division Engineer and Water <br /> Commissioner must be able to administer Applicants' replacement water past headgates on <br /> the river at times when those headgates would otherwise be legally entitled to divert all <br /> available flow in or "sweep" the South Platte or its tributaries. The Applicant shall not <br /> receive credit for replacement of depletions to the South Platte below such diversion <br /> structures unless bypass and measurement structures are in place to allow the Division <br /> 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 <br /> of a structure for which a carriage or use agreement with a third party is required, the <br /> Applicant shall be responsible for securing such agreement. Until such time as the Applicant <br /> provides a copy of the carriage or use agreement to the Division Engineer and Water <br /> Commissioner, no credit will be allowed for replacement of depletions to the South Platte <br /> below such diversion structure. <br /> 16. 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 /> 17. In accordance with the letter dated April 30, 2010 (attached) from the Colorado Division of <br /> Reclamation,Mining, and Safety("DRMS"), all sand and gravel mining operators must comply <br /> with the requirements of the Colorado Reclamation Act and the Mineral Rules and <br /> Regulations for the protection of water resources. The April 30, 2010 letter from DRMS <br /> requires that the Applicant provide information to DRMS to demonstrate the ability to <br /> replace long term injurious stream depletions that result from mining related exposure of <br /> groundwater. The DRMS letter identifies four approaches to satisfy this requirement. In <br /> accordance with approach nos. 1 and 3, the Applicant has obtained a bond for $873,550 <br /> through the DRMS for complete reclamation of the site which, according to the DRMS permit, <br /> will require a complete backfill of the site. <br /> 18. 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 /> Water Court at least three (3) years prior to the completion of mining to include, but not be <br /> limited to, long-term evaporation losses and lagged depletions. If a lined pond results after <br /> reclamation, replacement of lagged depletions shall continue until there is no longer an <br /> effect on stream flow. <br /> 19. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at <br /> any time the State Engineer determines that injuryto othervested water rights has occurred <br /> or will occur as a result of the operation of this SWSP. Should this SWSP expire without <br /> renewal or be revoked prior to adjudication of a permanent plan for augmentation, all <br />