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Mr. Andy Rodriguez, P.E. <br />December 2, 2008 <br />Page 4 <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. <br />7. The applicant shall maintain daily records of all diversions, replacements, and the <br />amount of water used for each particular purpose. The applicant shall provide a report of <br />these records to the division engineer and the water commissioners on a monthly basis <br />on a form approved by them. The accounting must be submitted within thirty (30) <br />calendar days of the end of the month for which the accounting is being made. <br />In addition, the applicant shall submit a report from the City of Aurora ("Aurora"). The <br />report shall include an accounting of all replacement water controlled by Aurora, showing <br />the total volume of water under its control and the amount committed to each of the <br />recipients of the water. <br />8. Since the water leased from the City of Aurora will be used to replace depletions under <br />this SWSP and the C.R.S. 37-92-308(4) SWSP approved for Bestway Concrete, the <br />applicant's accounting for each SWSP must show the total amount of effluent released <br />and the amount associated with each SWSP. <br />9. All diversions shall be measured in a manner acceptable to the division engineer. The <br />Applicant shall install and maintain such measuring devices as required by the division <br />engineer for operation of this SWSP. <br />10. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/or approval of the water commissioner. The <br />replacement may be aggregated to maximize beneficial use. The water commissioner <br />and/or division engineer shall determine the rate and timing of an aggregated release. <br />11. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the accounting <br />forms to the division engineer and water commissioner. <br />12. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining 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 prior <br />to the completion of mining to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. <br />13. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately.