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ASCI Turnpike Mining Resources SWSP Page 7 of 9 <br /> November 25, 2024 <br /> including long-term evaporation losses and lagged depletions after gravel mining <br /> operations have ceased. If reclamation of the mine site will produce a permanent <br /> water surface exposing groundwater to evaporation, an application for a plan for <br /> augmentation must be filed with the Division 1 Water Court at least three (3) years <br /> prior to the completion of mining to include, but not be limited to, long-term <br /> evaporation losses and lagged depletions. If a lined pond results after reclamation, <br /> replacement of lagged depletions shall continue until there is no longer an effect on <br /> stream flow. <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 State Engineer may revoke this SWSP or add additional restrictions to its <br /> operation if at any time the State Engineer determines that injury to other vested <br /> water rights has occurred or will occur as a result of the operation of this SWSP. <br />