Laserfiche WebLink
Mr. David Shohet <br />June 12, 2013 <br />Page 3 <br />9. The Applicant shall follow the accounting protocols as referenced in the attached documents for <br />the operation of this SWSP. <br />10. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this SWSP must be provided with the accounting forms to the <br />Division Engineer and Water Commissioner. <br />11. Credits to be used for depletions at pit sites below the point of credit must be made available by <br />daily coordination with the Division Engineer's Office to affect delivery past any intervening <br />ditches or through reservoirs to the point of depletion. Credits not delivered in the above manner <br />shall not be counted against downstream depletions. <br />12. Conveyance loss for delivery of augmentation water to the Arkansas River is subject to <br />assessment and modification as determined by the Division Engineer. <br />13. Replacement water shall be made available to cover all out -of- priority depletions in time, place, <br />and amount and shall be made available under the direction and /or approval of the Water <br />Commissioner. <br />14. The approval of this substitute water supply does not relieve the applicant and/or landowner of <br />the requirement to obtain a Water Court decree approving a permanent plan for augmentation or <br />mitigation to ensure the permanent replacement of all depletions, including long -term evaporation <br />losses after the gravel mining operations have ceased. Application for a decree should be made <br />three years prior to the completion of mining with the intent of obtaining a decreed plan by the <br />completion of mining. Approval of this substitute supply plan does not imply a position by this <br />office on any related litigation. <br />15. This SWSP may be revoked or modified at any time should it be determined that injury to other <br />vested water rights has occurred or will occur as a result of the operation of this SWSP. Should <br />this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of water under this SWSP must cease immediately. <br />16. In accordance with amendments to Section 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 whether or <br />not the substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such water quality data or analysis may be requested at any time to determine if the water quality <br />is appropriate for downstream water users. The decision of the state engineer shall have no <br />precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or <br />serve as a defense in the pending water court case or any other legal action that may be initiated <br />concerning the SWSP. This decision shall not bind the state engineer to act in a similar manner <br />in any other applications involving other SWSP or in any proposed renewal of this SWSP, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained herein, or <br />with the engineering methodologies used by the Applicant. <br />17. Acceptance of these conditions shall be assumed unless a letter to the contrary is received by <br />this office and the Division Engineer's Office (310 E. Abriendo, Suite B, Pueblo CO 81004) within <br />two weeks of your receipt of this letter. <br />Should you have any questions, please contact Melissa Peterson of this office or Charlie <br />DiDomenico in our Division 2 office in Pueblo at (719) 542 -3368. <br />