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Mary R. Halstead, P.E. <br />September 23, 2008 <br />Page 4 of 5 <br />4. The Applicant shall provide daily accounting (including, but not limited to diversions, <br />depletions, replacement sources, and river calls) on a monthly basis. The accounting must <br />be emailed to the water commissioners, Brent. Schantz(@-state.co. us and <br />Div_1Accounting(&-state.co.us within 30 days of the end of the month for which the <br />accounting applies. Accounting and reporting procedures are subject to approval and <br />modification by the division engineer. Accounting forms need to identify the WD1D number <br />for each well operating under this SWSP. NOTE: Monthly accounting, even during the <br />winter non-irrigation season, is required. <br />5. The Applicant shall follow the accounting protocol as referenced in the attached documents <br />for the operation of this SWSP. <br />6. The name, address, and phone number of the contact person who will be responsible for <br />the operation and accounting of this SWSP must be provided with the accounting forms to <br />the division engineer and water commissioner. <br />7. All diversions shall be measured in a manner acceptable to the division engineer, The <br />Applicant shall install and maintain measuring devices as required by the division engineer <br />for operation of this SWSP. <br />8. Replacement water shall be 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 the <br />water commissioner. The release of replacement water may be aggregated to maximize <br />beneficial use. The rate and timing of an aggregated release shall be determined by the <br />water commissioner and/or division engineer. <br />9. As records become available (including, but not limited to pond evaporation, quantity of <br />mining material, reservoir releases, river calls, etc.), the Applicant shall update the data <br />used to compute monthly diversions and projected monthly stream depletions for this <br />SWSP. If at any time the projected stream depletions show the Applicant is unable to <br />replace all out-of-priority stream depletions, the Applicant shall notify the division engineer <br />of the projected shortfall and describe how depletions will be reduced and/or replacements <br />will be increased to ensure all out-of-priority depletions will be replaced. <br />10. If any pond/well in this SWSP causes depletions that affect a senior surface water right at a <br />location where this SWSP cannot provide replacement water, the pond/well is subject to <br />curtailment until arrangements are made to provide replacement water at a point which will <br />preclude injury to the calling senior surface water right. The Applicant is responsible for <br />providing replacement water in time, location, and amount to offset all out-of-priority <br />depletions. <br />11. This SWSP may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has occurred or will occur as a result of the operation of this <br />SWSP. 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 />12. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in the pending <br />water court case or any other legal action that may be initiated concerning the SWSP. This <br />decision shall not bind the state engineer to act in a similar manner in any other <br />applications involving other SWSPs or in any proposed renewal of this SWSP, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. Any appeal of a decision made by