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Mr. Jacob Bauer <br />April 25, 2011 <br />Page 4 of 5 <br />in time, place, and amount and must be made under the direction.and/or the approval of <br />the water commissioner. The release of replacement water may be aggregated to <br />maximize beneficial use. The water commissioner and/or the division engineer shall <br />determine the rate and timing of an aggregated release. <br />8. The discharge of the replacement water and dewatered water into the Ski Lake <br />should be operated in such a manner as to not cause property damage. Any <br />property damage that results from the discharge of water into the Ski Lake is solely <br />the applicant's responsibility. <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. In addition, the applicant shall maintain daily <br />records of all diversions, replacements, and the amount of water used for each particular <br />purpose. The applicant shall provide a report of these records to the division engineer <br />(Div1Accounting(a')-state.co.us) and the water commissioner (Scott Edgar at <br />Scott. Edgar(aD_state.co.us) on a monthly basis on a form approved by them. The <br />accounting provided with your application is subject to modification and approval by the <br />division engineer. The accounting must be submitted within 30 calendar days of the end <br />of the month for which the accounting is being made. <br />In addition, the applicant shall submit a report from the City of Brighton ("Brighton"). The <br />report shall include an accounting of all replacement water controlled. by Brighton, <br />showing the total volume of water under its control and the amount committed to each of <br />the recipients of the water. <br />10. The name, address, and phone number of a contact person who will be responsible for <br />the operation and accounting of this plan must be provided on the accounting forms to <br />the Division Engineer and Water Commissioner. <br />11. Conveyance loss for delivery of augmentation water to the South Platte River is subject <br />to assessment and modification as determined by the division engineer. <br />12. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions attributable to the dewatering operation. Once <br />dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, <br />dewatering is required to continue during the term of this approval or until a liner is <br />installed and approved. <br />13. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />the 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 prior to the completion of <br />mining, to include, but not be limited to, long-term evaporation losses and lagged <br />depletions. If a lined pond results after reclamation, replacement of lagged depletions <br />from mining and dewatering shall continue until there is no longer an effect on stream <br />flow. <br />14. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior