2014-11-25_HYDROLOGY - M2011054

• Permit No: M2011054
• IBM Index Class Name: HYDROLOGY
• Doc Date: 11/25/2014
• Doc Name: Substitute Water Supply Plan
• From: Wright Water Engineers, Inc.
• To: DRMS
• Email Name: THM
• Media Type: D
• Archive: No

Mr. Peter Foster, P.E.
DeBeque Pit (M2O11 -054) SWSP
November 21, 2014
Page 5
12. The approval of this substitute water supply plan does not relieve the Applicant
and /or the 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 groundwater to evaporation,
an application for a plan for augmentation must be filed with the Division 5 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 shall continue until there is no longer an effect on stream flow.
13. In accordance with the letter dated April 30, 2010 (copy attached) 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.
In accordance with approach nos. 1 and 3, you have indicated that a bond has
been obtained for $423,630.40 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 or if dewatering ceases.
14. This SWSP 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 operation of this
SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of a
permanent plan for augmentation, all excavation of product from below the water table and
all other use of water at the pit must cease immediately.
15. In accordance with amendments to CRS 25 -8- 202(7) and Senate Bill 89 -181 Rules and
Regulations adopted on February 4, 1992, the State Engineer shall determine if the
substitute supply is of a quality to meet requirements of use to which the senior
appropriation receiving the substituted supply has normally been put. As such, water
quality data or analyses may be requested at any time to determine if the requirements of
use of the senior appropriator are met.
16. 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 water court
case or any other legal action that may be initiated concerning the 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.
1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.2223 www.water.state.co.us