2015-03-02_HYDROLOGY - M1996060

• Permit No: M1996060
• IBM Index Class Name: HYDROLOGY
• Doc Date: 3/2/2015
• Doc Name: Substitute Water Supply Plan
• From: DNR Division of Water Resources
• To: DRMS
• Email Name: ECS
• Media Type: D
• Archive: No

Poudre Pits Combined SWSP
February 26, 2015
Page 8 of 9
personal knowledge of the dry up for the entire irrigation season for each parcel of land
used in this SWSP. In accordance with the attached protocol for dry-up of irrigated land,
the Applicant shall provide a written notification to the water commissioner and division
engineer by April 1, 2015 identifying the lands to be dried up for the 2015 irrigation
season. By October 31, 2015 the Applicant shall provide an affidavit to the water
commissioner and division engineer that identifies and confirms the lands that were dried
up during the 2015 irrigation season in order that the final determination of augmentation
credits for the irrigation season can be made along with mapping showing any revisions to
the dried -up acreage. A GIS shapefile must be emailed to [e-mail] for
each dry-up notification and affidavit. The shapefile shall include the WDID of the plan,
the acreage of dry-up, and any accompanying metadata. In addition, the datum must be
NAD83.and the UTM projection must be Zone 13 North.
16. 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 1
Water Court at least three 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 plan does not imply approval by this office of any such court
application(s).
17. Dewatering operations produce delayed depletions to the stream system. This SWSP
includes these lagged depletions associated with the Roberts Pit, Firestein Pit, Tigges Pit,
and La Poudre Pit. These lagged depletions are partially offset with dewatering accretions
from active dewatering at the North La Poudre Pit. Once dewatering at the North La
Poudre Pit ceases, the delayed depletions must be addressed. A totalizing flow meter is
required on all dewatering discharge in order for the operator to claim any accretion
credits.
18. In accordance with amendments to 5 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 which the senior
appropriation receiving the substitute supply has normally been put. As such, water quality
data or analyses may be requested at any time to determine if the requirement of use of
the senior appropriator is met.
19. This substitute water supply plan may be revoked or modified at any time should it be
determined that injury to other water rights has or will occur as a result of this plan.
Should this substitute water supply plan 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.
20. 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 plan. This
decision shall not bind the state engineer to act in a similar manner in any other
applications involving other plans, or in any proposed renewal of this plan, 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.
If you have any questions concerning this approval, please contact Sarah Brucker in Denver at
(303) 866 -3581 or Michael Hein in Greeley at (970) 352 -8712.