Laserfiche WebLink
Mr. Steve Nguyen, P.E. <br />May 5, 2005 <br />Page 3 of 4 <br />will preclude injury to the calling senior surface water right. Well owners are responsible <br />for providing replacement water in time, location, and amount to offset all out-of-priority <br />depletions. <br />5. The Applicant shall provide daily accounting (including, but not limited to diversions, <br />depletions, replacement sources, and river ells) as required by the division engineer for <br />the operation of this SWSP. The Applicant shall provide accounting to the division <br />engineer and the water commissioner on an interval acceptable to the division engineer <br />and water commissioner. Accounting and reporting procedures are subject to approval <br />and modification by the division engineer. The Division Engineer shall first determine <br />any transit loss. The Applicant shall ensure that all required acxounting is forwarded <br />promptly to the water commissioner and the division office to enable the administration <br />of this SWSP. Accounting forms need to identify the WDID number for the well <br />operating under this SWSP. <br />6. Approval of this SWSP is for the purposes stated herein. This office must first approve <br />any additional uses for which the water may be used. The replacement water, which is <br />the subject of this plan, pnnot be sdd or leased to any other entity during the term of <br />this SWSP without prior approval of the division engineer. <br />7. This SWSP may be revoked or modified at any time should it be determined that injury <br />to other vested water rights has oocxrrted or will occur as a result of the operation of this <br />SWSP. <br />8. The name, address, and phone number of a contact person who will be responsible for <br />the operation and accounting of this SWSP must be provided with the accounting fomu <br />to the division engineer and water cornmissioner. <br />9. All diversions shall be measured in a manner acceptable to the division engineer. The <br />Apptipnt shat) install and maintain such rtreasuring devices as required by the division <br />engineerfor operation of this plan. <br />~ 0. Should this SWSP expire without tenevrai or be revoked prior to adjudication of a <br />pernanerrt plan for augmentation, all use of water under this SWSP must cease <br />immediately. <br />11. Replacement water shall Ue made available to cover all out-of-priority depletions in time, <br />place, and amount and shall be made available under the direction and/or approval of <br />the water commissioner. ff at any time the projected stream depletions show the <br />Applignt is unable to replace all out-of-priority stream depletions, the Applipnt is <br />required to notify the division engineer of the projected shortfall and describe how well <br />pumping will be reduced and/or replacements vnli l~ increased to ensure all out-of- <br />priority depletions will be replaced. <br />12. In accordance with Section 37-92~08(4)(a){N), C.R.S. the state engineer shall <br />determine whether the SWSP will prevent injury to other water rights and decreed <br />conditional weber rights, including water quality and continuity to meet the requiremerrts <br />of use to which the senior appropriation has been applied. <br />13. The dedsion of the state engineer shall have no preoedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a deferue in the <br />pending water court case or arty outer legal adios that may be initiated cnnosming the <br />SWSP. This dedsion shall not bind the state engineer to ad in a similar manner in any <br />other applications imrolving other SWSP or in any praposed renewal of this SWSP, and <br />