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Jeffrey A. Clark Page 3 <br />August 10, 2006 <br />4. Subject to approval by the division engineer, the Applicant may lease or purchase additional <br />replacement water. The Applicant must provide a copy of a lease/purchase agreement to the State <br />Engineer's Office and the division engineer for use of such additional replacement water. <br />5. Approval of this SWSP is for the purposes stated herein. The State Engineer's Office must first <br />approve any additional uses for which the water may be used. The replacement water, which is the <br />subject of this SWSP, cannot be sold or leased to any other entity during the term of this SWSP <br />without prior approval of the division engineer. <br />6. De-watering of excavations within the Canon City East and Lamar East pits may only occur within <br />excavations that have a standing free water surface within 100 feet of the Arkansas River. During <br />de-watering, the separation, or berm, between the excavation and the river may not be back-filled to <br />a width of more than 100 feet. <br />7. The Applicant shall provide to the division engineer, within 30 days of the date of this approval, an <br />electronic Excel spreadsheet showing, by WDID, the owner or contact person name, address and <br />telephone number for each well or other structure covered or used in this SWSP. The Applicant <br />shall also provide to the division engineer an updated version of this spreadsheet if there are any <br />owner or contact person changes within the 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 <br />and valid and the uses proposed for the wells in this SWSP are consistent with the decreed and <br />permitted uses. If well permits for any of the wells do not meet this standard, the permit files must <br />be completed or valid well permits must be obtained prior to expiration of this SWSP. Should an <br />additional SWSP be requested, the Applicant shall demonstrate that this requirement has been <br />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, <br />replacement sources, and river calls) on a monthly basis. The accounting must be emailed to the <br />water commissioner, within 30 days of the end of the month for which the accounting applies. <br />Accounting and reporting procedures are subject to approval and modfcation by the division <br />engineer. Accounting forms need to identify the WDID number for each well operating under this <br />SWSP. NOTE: 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 <br />operation of this SWSP. <br />12. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this SWSP must be provided with the accounting forms to the Division <br />Engineer and Water Wommissioner. <br />13. Credits for the Rocky Ford Ditch shares and Canon City and Oil Creek Ditch shares shall be <br />determined by diverting in-priority and measuring back to the river the amount for these share totals. <br />Augmentation stations must be installed and operational as approved by the Division Engineer by no <br />later than September 25, 2006. Credits will be determined by applying the appropriate consumptive <br />use factor to the daily delivered pro-rata share amount measured through the augmentation stations. <br />Credits to be used for depletions at pit sites below the point of credit (i.e. at the Lamar East Pit from <br />Rocky Ford Ditch credits) must be made available by daily coordination with the Division Engineer's <br />Office to affect delivery past any intervening ditches or through reservoirs to the point of depletion. <br />Credits not delivered in the above manner shall not be counted against downstream depletions. <br />14. Conveyance loss for delivery of augmentation water to the Arkansas River is subject to assessment <br />and 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 <br />amount and shall be made available under the direction and/or approval of the water commissioner. <br />