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2024-2025 Valley's Edge Resource Substitute Water Supply Plan Renewal Page 8 of 10 <br /> December 17, 2024 <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, the Applicant shall be responsible for <br /> securing such agreement. Until such time as the Applicant provides a copy of the <br /> carriage or use agreement to the Division Engineer and Water Commissioner, no credit <br /> will be allowed for replacement of depletions to the South Platte below such <br /> 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 <br /> water court. <br /> 17. In accordance with the letter dated April 30, 2010 (attached) from the Colorado <br /> Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining <br /> operators must comply with the requirements of the Colorado Reclamation Act and <br /> the Mineral Rules and Regulations for the protection of water resources. The April 30, <br /> 2010 letter from DRMS requires that the Applicant provide information to DRMS to <br /> demonstrate the ability to replace long term injurious stream depletions that result <br /> from mining related exposure of groundwater. The DRMS letter identifies four <br /> approaches to satisfy this requirement. In accordance with approach nos. 1 and 3, the <br /> Applicant has obtained a bond for $873,550 through the DRMS for complete <br /> reclamation of the site which, according to the DRMS permit, will require a complete <br /> 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 <br /> augmentation or mitigation to ensure the permanent replacement of all depletions, <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 />