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Mr. Raul Passerini, P.E. <br />March 19, 2014 <br />Page 10 <br />augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long -term evaporation losses and lagged depletions after gravel mining <br />operations have ceased. If reclamation of the mine site will produce a permanent water <br />surface exposing groundwater to evaporation, an application for a plan for augmentation <br />must be filed with the Division 5 Water Court at least three (3) years prior to the <br />completion of mining, to include, but not be limited to, long -term evaporation losses and <br />lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions from mining and dewatering shall continue until there is no longer an effect <br />on stream flow. <br />21. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and Senate Bill 89- <br />181 Rules and Regulations adopted on February 4, 1992, the state engineer shall <br />determine if this SWSP is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substitute supply has normally been put. As such, water <br />quality data or analyses may be requested at any time to determine if the requirement of <br />use of the senior appropriator is met. <br />22. This SWSP may be revoked or modified at any time should it be determined that injury <br />to other water rights has or will occur as a result of this SWSP. Should this SWSP <br />expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all excavation of product from below the water table, and all other use of <br />water at the pit, must cease immediately. <br />23. 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 />pending water court case or any other legal action that may be initiated concerning this <br />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other SWSPs, or in any proposed renewal of this SWSP, <br />and shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant. <br />Should you have any comments or questions, please contact Alan Martellaro at 970- <br />945 -5665 or loana Comaniciu in this office at 303 - 866 -3581. <br />Sincerely, <br />�ff D <br />Jeff Deatherage, P.E. <br />Chief of Water Supply <br />Enclosures: Tables 1, 2, 3, 5, 6, 7, 8, 9, 10, C -1 and C -2 <br />Figures A -3, A -4 and A -5 <br />Dry-up affidavit dated August 28, 2009 <br />DRMS letter <br />cc: Alan Martellaro, Division Engineer, Division 5 <br />Steve Pope, Division 5 Office <br />Troy Wineland, Water Commissioner, District 36 <br />Division of Reclamation, Mining and Safety <br />JD /idc/Maryland Creek SWSP 13 -14 doc <br />