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Jeffrey A. Clark <br />August 7, 2007 <br />Page <br />cannot be sold or leased to any other entity during the term of this SWSP without prior approval of the Division <br />Engineer. <br />6. De-watering of excavations within the Canon City East and Lamar East pits may only occur within excavations <br />that have a standing free water surface within 100 feet of the Arkansas River. During de-watering, the <br />separation, or berm, between the excavation and the river may not be back-filled to a width of more than 100 <br />feet. <br />7. The Applicant shall provide to the Division Engineer, within 30 days of the date of this approval, an electronic <br />Excel spreadsheet showing, by WDID, the owner dr Contact person name, address and telephone number for <br />each well or other structure covered or used in this SWSP. The Applicant shall also provide to the Division <br />Engineer an updated version of this spreadsheet if there are any owner or contact person changes within the <br />approval period of this SWSP. <br />8. For all wells included in this SWSP, the Applicant shall ensure that all well permit files are complete and valid <br />and the uses proposed for the wells in this SWSP are consistent with the decreed and permitted uses. If well <br />permits for any of the wells do not meet this standard, the permit files must be completed or valid well permits <br />must be obtained prior to expiration of this SWSP. Should an additional SWSP be requested, the Applicant <br />shall demonstrate that this requirement has been satisfied. <br />9. Release of the Pueblo waters must be under the Division Engineer's direction and approval. <br />10. The Applicant shall provide daily accounting (including, but not limited to diversions, depletions, replacement <br />sources, and river calls) on a monthly basis. The accounting must be emailed to the Water Commissioner <br />(Charlie.JudoeCo)state.co.us for Canon City East Pit Ops; Don.TavlorCrDstate.co.us for Rocky Ford East Pit <br />Ops; Dan.NeuholdCo'tstate.co.us for Lamar East Pit Ops) and to the Division Engineer (e-mail to <br />Div2Ground.WaterCc~state.co.us), within 30 days of the end of the month for which the accounting applies. <br />Accounting and reporting procedures are subject to approval and modification by the Division Engineer. <br />Accounting forms need to identify the WDID number for each well operating under this SWSP. NOTE: <br />Monthly accounting, even during the winter non-irrigation season, is required. <br />11. The Applicant shall follow the accounting protocols as referenced in the attached documents for the operation <br />of this SWSP. <br />12. The name, address, and phone number of the contact person who will be responsible for the operation and <br />accounting of this SWSP must be provided with the accounting forms to the Division Engineer and Water <br />Commissioner. <br />13. Credits for the Rocky Ford Ditch shares and Canon City and Oil Creek Ditch shares shall be determined by <br />diverting in-priority and measuring back to the river the amount for these share totals. Credits will be <br />determined by applying the appropriate consumptive use factor to the daily delivered pro-rata share amount <br />measured through the augmentation stations. Credits to be used for depletions et pit sites below the point of <br />credit (i.e. at the Lamar East Pit from Rocky Ford Ditch credits) must be made available by daily coordination <br />with the Division Engineer's Office to affect delivery past any intervening ditches or through reservoirs to the <br />point of depletion. Credits not delivered in the above manner shall not be counted against downstream <br />depletions. <br />14. Conveyance loss for delivery of augmentation water to the Arkansas River is subject to assessment and <br />modification as determined by the Division Engineer. <br />15. Replacement water shall be made available to cover all out-of-priority depletions in time, place, and amount <br />and shall be made available under the direction and/or approval of the Water Commissioner. <br />16. All parcels of dried up land are subject to administration pursuant to the Administration of Parcels Claimed for <br />Augmentation Credit Agreement signed by the Colorado State Engineer and Kansas Chief Engineer in <br />September of 2005. The final verification of dry up will be in the form of an affidavit signed by an individual <br />having personal knowledge of the dry up for the entire 2007 irrigation season for each parcel of land listed in <br />the approved replacement plan. All affidavits must be provided to the Division Engineer by March 15, 2008 in <br />order that the final determination of augmentation credits for the irrigation season can be made along with <br />mapping showing any revisions to the dry up acreage. <br />17. The approval of this substitute water supply does not relieve the applicant and/or landowner of the requirement <br />to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the <br />permanent replacement of all depletions, including long-term evaporation losses after the gravel mining <br />