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M-2002-120 Bernhardt SWSP Approval Page 5 of 6 <br /> November 29, 2023 <br /> 12. The Applicant should refer to the instructions and explanations provided in the Augmentation Plan <br /> Accounting or any other applicable protocols as referenced in the attached document, for the <br /> operation of this SWSP. <br /> 13. The Applicant must replace all out-of-priority depletions resulting from operation under this SWSP, <br /> including those lagged depletions that occur to the stream after the expiration date of this SWSP. <br /> 14. As part of any renewal of this SWSP the Applicant must specify the proposed replacement source <br /> that will be used to replace all lagged depletions that result from operation under this SWSP, <br /> including those that extend beyond the approval period of the SWSP. If the intent is to obtain a <br /> short-term lease for such future replacement water an executed lease for depletions that extend <br /> beyond the SWSP approval period is not required, however the Applicant must demonstrate that <br /> there is a reasonable likelihood that such a lease could be obtained. <br /> 15. 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 /> 16. The Applicant shall provide daily accounting (including, but not limited to diversions, depletions, <br /> replacement sources, and river calls) on a monthly basis. The accounting must be uploaded to the <br /> CDSS Online Reporting Tool within 30 days of the end of the month for which the accounting applies <br /> (https://dwr.state.co.us/Tools/reporting). Instructions for using the tool are available on the <br /> Division of Water Resources website on the "Services" —> "Data Et Information" page under the <br /> heading of Online Data Submittal. Accounting and reporting procedures are subject to approval and <br /> modification by the Division Engineer. Accounting forms need to identify the WDID number for each <br /> structure operating under this SWSP. Additional information regarding accounting requirements can <br /> be found in the attached Augmentation Plan Accounting Protocol. NOTE: Monthly accounting, even <br /> during the winter non-irrigation season, is required. <br /> In addition, the Applicant shall verify that the Groundwater Management Subdistrict of the Central <br /> Colorado Water Conservancy has submitted a report to the Division Engineer that includes an <br /> accounting of all replacement water controlled by the GMS of the CCWCD, showing the total volume <br /> of water under its control and the amount committed to each of the recipients of the water, <br /> including the water committed to this plan. <br /> 17. The approval of this substitute water supply plan does not relieve the Applicant and/or landowner <br /> of the 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 reclamation <br /> of the mine site will produce a permanent water surface exposing groundwater to evaporation, an <br /> application for a plan for augmentation must be filed with the Division 1 Water Court at least three <br /> (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation <br /> losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br /> depletions shall continue until there is no longer an effect on stream flow. <br /> 18. In accordance with amendments to section 25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and <br /> Regulations adopted on February 4, 1992, the State Engineer shall determine whether the substitute <br /> supply is of a quality to meet requirements of use to senior appropriators. As such, water quality <br /> data or analysis may be requested at any time to determine if the water quality is appropriate for <br /> downstream water users. <br /> 19. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at any <br /> time the State Engineer determines that injury to other vested water rights has occurred or will <br />