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Mr. Heintz & Ms. Wynne <br />Duckworth SWSP <br />December 24, 2012 <br />Page 6 of 7 <br />10. 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 />(Div1Accountinq(a,state.co.us) and the water commissioner (Bob Carlson at <br />Bob.Carlson(a�state.co.us) on a monthly basis. The accounting must be submitted within <br />30 calendar days of the end of the month for which the accounting is being made and <br />conform to the Administration Protocol "Augmentation Plan Accounting, Division One — <br />South Platte River" (attached). <br />11. 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 />12. Conveyance loss for delivery of augmentation water is subject to assessment and <br />modification as determined by the division engineer or water commissioner. <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. The Applicant is required to maintain their DRMS permit and an adequate bond to cover <br />their reclamation plan until there are no longer lagged depletions hitting the river, a <br />suitable augmentation plan is obtained, or another party assumes full augmentation <br />responsibilities. The Applicant has a current bond of $1,603,000 to account for the <br />possible need of backfiliing or lining the pit. <br />15. 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 <br />to adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. In <br />addition, lack of timely accounting may prevent proper administration, which may lead to <br />revocation or modification of this plan. <br />16. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules <br />and Regulations adopted on February 4, 1992, the State Engineer shall determine <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />17. The decision of the State Engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />