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Jared Dains Page 3 <br />May 21, 2012 <br />an aerial photo evaluation or survey by a Professional Land Surveyor during the plan year or <br />in years covered by subsequent renewals of this plan. <br />4. Pumping from the storage pond during this plan is limited to 3.5 acre -feet for dust suppression <br />purposes. Pumping from well permit no. 59834 -F must not exceed the amount of replacement <br />water available minus transit losses unless an amendment to this plan provides additional <br />replacement supplies. <br />5. The depletions to be replaced under this substitute water supply plan have been assumed <br />instantaneous to Rock Creek. The Applicant is hereby notified that any subsequent <br />SWSP renewal for this pit must include depletions that have been lagged to the Rock <br />Creek. The lagging effect shall be based on the distance from well permit no. 59834 - <br />F to Rock Creek. This will ensure that all replacements replace depletions in time, <br />location, and amount. <br />6. Releases of water by the Fountain Mutual Irrigation Company pursuant to this plan shall be <br />coordinated with the Water Commissioner and the Augmentation Coordinator and shall equal <br />or exceed the depletions to be replaced on a monthly basis. Applicant shall provide fully <br />executed lease agreements for procured replacement sources. <br />7. Replacement water provided for this plan at the Spring Creek augmentation station must be <br />input into the Fountain Creek Transit Loss Model and shall be tracked from the point of entry <br />into the model domain until the water is delivered near the confluence of Little Fountain Creek <br />to USGS Gaging Station No. 07106000 at Node 25. Deliveries on Fountain Creek are <br />subject to daily administration by the local Water Commissioner, and actual transit <br />losses on Fountain Creek shall be determined by the Fountain Creek Transit Loss <br />Model. <br />8. Accounting of water in this plan, including storage pond surface area, pumping for dust <br />suppression, pump meter readings pursuant to Well Permit No. 59834 -F, and replacement <br />water deliveries must be provided to the Water Commissioner (Doug. Hollister @state.co.us) <br />and Division Engineer (Div2Ground.Water @state.co.us) on forms and at times acceptable <br />to them. Said accounting must be received by the 10th of the month following the month <br />being reported. The name, mailing address, and phone number of the contact person who <br />is responsible for operation and accounting of this plan must be provided on the accounting <br />forms. <br />9. 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 />10. The replacement water that is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply <br />plan, the replacement water must be appurtenant to this site until a plan for <br />augmentation is obtained. A copy of this approval letter should be recorded with the <br />county clerk and recorder. All replacement water must be concurrent with depletions <br />in quantity, timing and locations. <br />11. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as defense in <br />any water court case or any other legal action that may be initiated concerning the <br />