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Gypsum Ranch Pit SWSP Page 5 of 6 <br />April 10, 2013 <br />5. Total consumption at the Gypsum Ranch Pit site must not exceed the amounts listed in <br />the Depletion Section of this SWSP unless an amendment is made to this SWSP. <br />6. In the event a water right call is placed on the Eagle River downstream of the <br />Gypsum Ranch Pit, Lafarge must cease all out -of- priority diversions under this <br />SWSP unless replacement water is delivered to the calling reach in the amount <br />needed to replace all out -of- priority depletions. <br />7. Replacement water shall be made available to cover all out -of- priority depletions in time, <br />place, and amount and shall be made available under the direction and /or approval of <br />the water commissioner. If approved by the water commissioner and /or division <br />engineer, the replacement water may be aggregated to maximize beneficial use. The <br />water commissioner and /or division engineer shall determine the rate and timing of an <br />aggregated release. <br />8. The use of consumptive use credits from dry-up of 15 acres of historically irrigated lands <br />under the C M Stremme and Gates Ditch is subject to the terms and conditions decreed <br />in Case No. 2002CW211. Approval of this SWSP does not change or alter the terms <br />and conditions decreed in Case No. 2002CW211. <br />9. Conveyance loss for delivery of augmentation water is subject to assessment and <br />modification as determined by the division engineer and /or water commissioner. <br />10. The replacement water, which is the subject of this plan cannot be sold or leased to any <br />other entity during the term of this SWSP without prior approval of the division engineer. <br />11. All diversions shall be measured in a manner acceptable to the division engineer. The <br />Applicant shall install and maintain measuring devices as required by the division <br />engineer for operation of this SWSP. <br />12. The Applicant must submit accounting reports to the Division Engineer (Alan Martellaro, <br />P.O. Box 396, Glenwood Springs, CO 81602, telephone 970 - 945 -5665) and Water <br />Commissioner (Bill McEwen, P.O. Box 1804, Eagle, Co 81631, telephone 970 -328- <br />6850) on a monthly basis or other interval acceptable to both of them. The Applicant <br />shall also provide an annual report to the Division Engineer and Water Commissioner by <br />November 15 which summarizes diversions and replacements made pursuant to this <br />SWSP. Accounting forms are subject to modification and approval by the division <br />engineer. Flow rates shall be reported in cfs, volumes shall be reported in acre -feet. <br />13. This SWSP may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this SWSP. <br />Should this SWSP expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all out of priority diversions must cease immediately. <br />14. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any pending <br />water court case or any other legal action that may be initiated concerning the SWSP. This <br />decision shall not bind the state engineer to act in a similar manner in any other <br />applications involving SWSPs or in any proposed renewal of this SWSP, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. Any appeal of a decision made by <br />