2015-03-04_HYDROLOGY - M1979097 - Laserfiche WebLink

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East Rigden Pit SWSP February 27, 2015 Page 5 of 6 12. The name, address, and phone number of the contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms submitted to the division engineer and the water commissioner. 13. The Division Engineer, or his designated representative, will administer all such water transported in the South Platte River or its tributaries under this SWSP, including water for replacement of depletions, past intervening headgates to ensure that such water is not intercepted or otherwise diminished in quantity by diversion, use or other interference by intervening water rights and to assure that such water remains available and suitable for Applicant's uses under this SWSP, except when any intervening headgate is diverting the entire flow of ( "sweeping ") the river. In the event that delivery past headgates which sweep the river requires the installation of a bypass structure or the use of an existing bypass structure by agreement with a third - party, Applicant is responsible for either installation a new bypass structure with a continuous recording measuring device(s) as approved by the Water Commissioner or securing an agreement with a third -party to use an existing bypass structure and providing such information and agreement to the Division Engineer. 14. The Division of Water Resources will not be responsible for any enforcement or administration of third party agreements that are not included in a decree of the water court. 15. 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 (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 plan does not imply approval by this office of any such_ court application(s). 16. 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. Fort Collins is in the process of amending the mining permit with the Division of Reclamation Mining and Safety ( "DRMS ") to authorize a lined reservoir as a post- reclamation land use. Upon approval of the compacted clay liner by the State Engineer's Office, the Applicant will be in compliance with approach no. 4. 17. This substitute water supply plan 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 plan. Should this supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water under this plan must cease immediately. 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 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. 19. 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