2012-04-25_HYDROLOGY - M1977560 (2)

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Mr. Luke Harris April 23, 2012 Page 4 depletion. Credits not delivered in the above manner shall not be counted against downstream depletions. 12. Conveyance loss for delivery of augmentation water to the Arkansas River is subject to assessment and modification as determined by the Division Engineer. 13. Replacement water shall be made available to cover all out -of- priority depletions in time, place, and amount and shall be made available under the direction and /or approval of the Water Commissioner. 14. All parcels of dried up land are subject to administration pursuant to the Administration of Parcels Claimed for Augmentation Credit Agreement signed by the Colorado State Engineer and Kansas Chief Engineer in September of 2005. The final verification of dry up will be in the form of an affidavit signed by an individual having personal knowledge of the dry up for the entire 2011 -2013 irrigation seasons for each parcel of land for the water rights listed in the approved replacement plan. All affidavits must be provided to the Division Engineer by May 15, 2012 and March 15, 2013 in order that the final determination of augmentation credits for the irrigation season can be made along with mapping showing any revisions to the dry up acreage. 15. The approval of this substitute water supply does not relieve the applicant and /or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long -term evaporation losses after the gravel mining operations have ceased. Application for a decree should be made three years prior to the completion of mining with the intent of obtaining a decreed plan by the completion of mining. Approval of this substitute supply plan does not imply a position by this office on any related litigation. 16. This SWSP may be revoked or modified at any time should it be determined that injury to other vested water rights has occurred or will occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of water under this SWSP must cease immediately. 17. In accordance with amendments to Section 25 -8- 202 -(7), C.R.S., and "Senate Bill 89 -181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether or not the substitute supply is of a quality to meet requirements of use to senior appropriators. As such water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in the pending water court case or any other legal action that may be initiated concerning the SWSP. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other SWSP or in any proposed renewal of this SWSP, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. 18. Acceptance of these conditions shall be assumed unless a letter to the contrary is received by this office and the Division Engineer's Office (310 E. Abriendo, Suite B, Pueblo CO 81004) within two weeks of your receipt of this letter. Should you have any questions, please contact Caleb Foy of this office or Justin Zeisler in our Division 2 office in Pueblo at (719) 542 -3368.