Substitute Water Supply Plan Forum September 1 2004

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11 4134-. Substitute water supply plans 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 plan. A copy of the approved substitute water supply plan must be recorded with the county clerk and recorder. 42.32- The duration of the substitute water supply plan will be evaluated case -by -case by the State Engineer. While mining continues, individual plans may be approved or renewed for extended years. Criteria for approving the plan for extended years include the approved term and conditions of mining by the Division of Minerals and Geology, the senior water rights impacted, the source and reliability of replacement water, the operating history of the applicant, and any other criteria that affects the operational viability of the plan. 43.33 - Approval of a substitute water supply plan 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 and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing ground water to evaporation an application for a plan for augmentation must be filed with the Water Court at least three (3) years prior to the completion of mining to include, but not be limited to long -term evaporation losses and lagged depletions. If a lined pond results after reclamation replacement of lagged depletions from mining and dewatering_shal l continue until there is no longer an effect on stream flow. mining that rest& in a perawmerA free water- sta:faee (i.e., exposed gr-eund wateT-) wig be r-eqt4ed to will be required within tIffee (3) years of the date 44 The applicant will be responsible for all lagged depletions that occur due to operation of the sand and gravel mining operation including lagged depletions from evaporation operational uses reclamation and dewatering. The applicant must have a valid substitute water supply plan or court approved augmentation plan until such time as all lagged depletions have been replaced to the satisfaction of the state engineer, division engineer and water commissioner. 45.34 -A request for a substitute water supply plan shall include a statement from the applicant Before any plan is approved, an agFeement aRtst be ebtained between the State Engineer and the operator- landowner, whoever is the responsible party) to indicate that they and their successors)-who are responsible for the operation and continuationnee of the substitute water supply plan and any future augmentation requirements after mining is completed. A copy-of tThis agreement and the substitute water so-ply plan must be recorded with the county clerk and recorder and be a binding document with the title to the property.