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Jeffrey A. Clark <br />September 25, 2009 <br />Page 4 <br />delivery past any intervening ditches or through reservoirs to the point of depletion. Credits not <br />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 />16. All parcels of dried up land are subject to administration pursuant to the Administration of Parcels <br />Claimed for Augmentation Credit Agreement signed by the Colorado State Engineer and Kansas <br />Chief Engineer in September of 2005. The final verification of dry up will be in the form of an affidavit <br />signed by an individual having personal knowledge of the dry up for the entire 2009-2011 irrigation <br />seasons for each parcel of land for the water rights listed in the approved replacement plan. All <br />affidavits must be provided to the Division Engineer by March 15, 2010 and March 15, 2011 in order <br />that the final determination of augmentations 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 <br />requirement to obtain a Water Court decree approving a permanent plan for augmentation or <br />mitigation to ensure the permanent replacement of all depletions, including long-term evaporation <br />losses after the gravel mining operations have ceased. Application for a decree should be made <br />three years prior to the completion of mining with the intent of obtaining a decreed plan by the <br />completion of mining. Approval of this substitute supply plan does not imply a position by this office <br />on any related litigation. <br />18. This SWSP may be revoked or modified at any time should it be determined that injury to other <br />vested water rights has occurred or will occur as a result of the operation of this SWSP. Should this <br />SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of water under this SWSP must cease immediately. <br />19. In accordance with amendments to Section 25-8-202-(7), C.R.S., and "Senate Bill 89-181 Rules and <br />Regulations" adopted on February 4, 1992, the State Engineer shall determine whether or not the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As such water <br />quality data or analysis may be requested at any time to determine if the water quality is appropriate <br />for downstream water users. The decision of the state engineer shall have no precedential or <br />evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense <br />in the pending water court case or any other legal action that may be initiated concerning the SWSP. <br />This decision shall not bind the state engineer to act in a similar manner in any other applications <br />involving other SWSP or in any proposed renewal of this SWSP, and shall not imply concurrence <br />with any findings of fact or conclusions of law contained herein, or with the engineering <br />methodologies used by the Applicant. <br />20. Acceptance of these conditions shall be assumed unless a letter to the contrary is received by this <br />office and the Division Engineer's Office (310 E. Abriendo, Suite B, Pueblo CO 81004) within two <br />weeks of your receipt of this letter.