Laserfiche WebLink
Ms. Katie Todt <br /> February 9, 2026 <br /> Page 8 of 9 <br /> the month for which the accounting applies. Accounting and reporting procedures are <br /> subject to approval and modification by the Division Engineer. <br /> 11.The maximum water surface area of the exposed groundwater must not exceed 6.13 <br /> acres unless an amendment to this SWSP is obtained. Documentation of pond size <br /> may be required by the Division Engineer in the form of an aerial photo evaluation or <br /> survey by a professional land surveyor during the approval period of this SWSP, or <br /> subsequent renewals of this SWSP. <br /> 12.The Applicant must replace all out-of-priority depletions resulting from operation <br /> under this SWSP, including those lagged depletions that occur to the stream after the <br /> expiration date of this SWSP. <br /> 13. Non-compliance with the terms of approval of this SWSP may subject the Applicant or <br /> their successors to orders to comply under sections 37-92-501 and 37-92-502, and <br /> potential court action under section 37-92-503. <br /> 14.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 /> Should this SWSP expire without renewal or be revoked prior to adjudication of a <br /> permanent plan for augmentation, all use of water under this SWSP must cease <br /> immediately. <br /> 15.The decision of the State Engineer shall have no precedential or evidentiary force, <br /> shall not create any presumptions, shift the burden of proof, or serve as a defense in <br /> any pending water court case or any other legal action that may be initiated <br /> concerning the SWSP. This decision shall not bind the State Engineer to act in a similar <br /> manner in any other applications involving other SWSPs or in any proposed renewal of <br /> this SWSP, and shall not imply concurrence with any findings of fact or conclusions of <br /> law contained herein, or with the engineering methodologies used by the Applicant. <br />