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Ewing Gravel Mine Substitute Water Supply Plan Page 6 of 7 <br /> March 25, 2024 <br /> 12. The Applicant should reference the Augmentation Plan Accounting or any other applicable <br /> protocols as referenced in the attached documents, for the operation of this SWSP. <br /> 13. Conveyance loss for delivery of augmentation water is subject to assessment and modification as <br /> determined by the Division Engineer or Water Commissioner. <br /> 14. In order to prevent injury to other water rights, the Division Engineer and Water Commissioner <br /> must be able to administer Applicants' replacement water past headgates on the river at times <br /> when those headgates would otherwise be legally entitled to divert all available flow in or <br /> "sweep" the South Platte or its tributaries. Applicant shall not receive credit for replacement of <br /> depletions to the South Platte below such diversion structures unless bypass and measurement <br /> structures are in place to allow the Division Engineer and Water Commissioner to confirm that <br /> Applicant's replacement water is delivered past the headgates. In the event that delivery past <br /> dry-up points requires the use of a structure for which a carriage or use agreement with a third <br /> party is required, Applicant shall be responsible for securing such agreement. Until such time as <br /> the Applicant 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 below <br /> such diversion structure. <br /> 15. The approval of this SWSP does not relieve the Applicant and/or the landowner of the requirement <br /> to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to <br /> ensure the permanent replacement of all depletions, including long-term evaporation losses and <br /> lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will <br /> produce a permanent water surface exposing groundwater to evaporation, an application for a <br /> plan for augmentation must be filed with the Division 1 Water Court prior to the completion of <br /> mining, to include, but not be limited to, long-term evaporation losses and lagged depletions. If a <br /> lined pond results after reclamation, replacement of lagged depletions from mining and <br /> dewatering shall continue until there is no longer an effect on stream flow. <br /> 16. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division <br /> of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must <br /> comply 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 you provide information to DRMS to demonstrate you can replace long term <br /> injurious stream depletions that result from mining related exposure of ground water. The <br /> DRMS letter identifies four approaches to satisfy this requirement. In accordance with <br /> approach nos. 1 and 3, you have indicated that a bond has been obtained for $4,280,500 <br /> through the DRMS for lining of this site to assure that depletions from groundwater <br /> evaporation do not occur in the unforeseen event, or events, that would lead to the <br /> abandonment of the Pit. <br /> 17. 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 /> occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or be <br /> revoked prior to adjudication of a permanent plan for augmentation, all groundwater exposure, <br />