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2023-2024 GSL Sand 6t Gravel Substitute Water Supply Plan Page 7 of 9 <br /> November 14, 2024 <br /> 13. 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 <br /> headgates on the river at times when those headgates would otherwise be legally <br /> entitled to divert all available flow in or "sweep" the South Platte or its tributaries. <br /> Applicant shall not receive credit for replacement of depletions to the South Platte <br /> below such diversion structures unless bypass and measurement structures are in <br /> 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 <br /> delivery past dry-up points requires the use of a structure for which a carriage or use <br /> agreement with a third party is required, Applicant shall be responsible for securing <br /> such agreement. Until such time as the Applicant provides a copy of the carriage or <br /> use agreement to the Division Engineer and Water Commissioner, no credit will be <br /> allowed for replacement of depletions to the South Platte below such diversion <br /> structure. <br /> 14.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 <br /> water court. <br /> 15.The approval of this substitute water supply plan does not relieve the Applicant <br /> and/or the landowner of the requirement to obtain a water court decree approving a <br /> permanent plan for augmentation or mitigation to ensure the permanent replacement <br /> of all depletions, including long-term evaporation losses and lagged depletions after <br /> gravel mining operations have ceased if reclamation of the mine site will produce a <br /> permanent water surface exposing groundwater to evaporation, or lagged depletions <br /> only if a lined pond results after reclamation, until there is no longer an effect on <br /> stream flow. <br /> 16.The Applicant is required to maintain their DRMS permit and an adequate bond to <br /> cover their reclamation plan until (1) there are no longer lagged depletions hitting the <br /> river, (2) a suitable augmentation plan is obtained, or (3) another party assumes full <br /> augmentation responsibilities. The Applicant has a current bond of $368,590 to <br />