Laserfiche WebLink
East 8th Street Pit SWSP <br />October 18, 2013 <br />Page 4 of 5 <br />lagged depletions after gravel mining operations have ceased. If reclamation of the mine site <br />will produce a permanent water surface exposing groundwater to evaporation, an application for <br />a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years <br />prior to the completion of mining to include, but not be limited to, long -term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. <br />13. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit <br />is continuously dewatered, the water returned to the stream system should be adequate to <br />offset the depletions attributable to the dewatering operation. The operator shall equip the <br />dewatering operations with a totalizing flow meter and report monthly meter readings which will <br />be used to determine the post - pumping depletions when dewatering ceases. Once dewatering <br />at the site ceases, the delayed depletions must be addressed. Accordingly, dewatering is <br />required to continue during the term of this approval. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions (including refilling of the pit) will be replaced, in time, place and amount. <br />14. If dewatering of the site is discontinued, the pit would fill creating additional depletions to the <br />stream system due to increased evaporation. To assure that additional depletions to the river do <br />not occur, a financial warranty for $270,000 for lining or backfilling of the pit has been obtained. <br />Therefore, if the dewatering is discontinued this warranty can finance the completion of the <br />lining of this pit or the backfilling, thus preventing depletions to the stream system. <br />15. 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. Should this <br />substitute water supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all excavation of product from below the water table, and all <br />other use of water at the pit, must cease immediately. <br />16. In accordance with amendments to § 25 -8- 202 -(7), C.R.S. and "Senate Bill 89 -181 Rules and <br />Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute <br />water supply plan is of a quality to meet requirements of use to which the senior appropriation <br />receiving the substitute supply has normally been put. As such, water quality data or analyses may <br />be requested at any time to determine if the requirement of use of the senior appropriator is met. <br />17. 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 water court <br />case or any other legal action that may be initiated concerning the substitute water supply plan. <br />This decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other plans or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />Should there be any further comments or questions, please contact Michael Hein in Greeley at <br />970 - 352 -8712 or Sarah Brucker of this office. <br />Sincerely, <br />Jeff Dea era e, P.E. <br />Chief of Wa er Supply <br />