2014-07-10_HYDROLOGY - M1977344 - Laserfiche WebLink

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Lindsay M. Griffith, P.E. Page 4 July 10, 2014 12.Adequate measuring devices acceptable to the water commissioner must be installed to ensure that Porter Ditch is diverted in priority and water is properly delivered to offset evaporation from the ponds located on the Holcim's DRMS permitted boundary. 13. This SWSP may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately. 14. If reclamation of the mine site produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 2 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this SWSP does not imply approval by this office of any such court application(s). 15.In accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, Mining, and Safety("DRMS"),all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. a. In accordance with approach nos. 1 and 3,a bond has been obtained for $5,268,560.00 through the Division of Reclamation, Mining, and Safety ("DRMS")to assure that depletions from groundwater evaporation do not occur In the unforeseen event, or events, that would lead to the abandonment of the Pit 16. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the state engineer shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 17. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any pending water court case or any other legal action that may be initiated concerning this SWSP. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other SWSPs, or in any proposed renewal of this SWSP, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant.