2015-03-10_HYDROLOGY - M2005033

• Permit No: M2005033
• IBM Index Class Name: HYDROLOGY
• Doc Date: 3/10/2015
• Doc Name: Substitute Water Supply Plan
• From: DNR Water Resources
• To: DRMS
• Email Name: MAC
• Media Type: D
• Archive: No

Mr. Peter Wayland
Gardels SWSP
March 9, 2015
Page 5 of 6
In addition, the applicant shall verify that the City of Loveland (WDID 0402519)
includes in Loveland's monthly accounting, a report on the reusable water released to
provide replacement for this SWSP. It is the Applicants responsibility to ensure
Loveland releases the leased water in the correct time, place, and amount.
10. The name, mailing address, and phone number of the contact person who will be
responsible for operation and accounting of this plan must be provided on the
accounting forms to the division engineer and water commissioner.
11. Approval of this substitute water supply plan does not relieve the Applicant and /or
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. An application for a plan
for augmentation is required to be filed with the Water Court by December 31,_
2015. Approval of this plan does not imply approval by this office of any related
litigation. By that date the Applicant or its successor in ownership must have
either filed an application with the Water Court for a court - approved
augmentation plan or commenced backfilling of the site or explain why an
extension to the above deadline is required.
12. 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 $291,800 through the Division of
Reclamation, Mining, and Safety ( "DRMS ") for lining of the pit thus ensuring that
depletions from groundwater evaporation do not occur in the unforeseen event, or
events, that would lead to the abandonment of the Pit. In lieu of increasing the bond
for this site and in accordance with approach no. 4 the Applicant dedicated 1/4
shares of the Big Thompson Ditch &t Manufacturing Co. ( "BTDMC ") (WDID
0104503). The 1/4 share of the BTDMC is part of 5/6 shares water rights owned by
the Applicant that were historically used to irrigate the Brownwood property. A
portion of the 5/6 shares is also dedicated to cover the long term augmentation for
the Brownwood gravel pit (M1979 -059).
13'. 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.
14. In accordance with amendments to Section 925 -8- 202 -(7), C.R.S. and "Senate Bill 89 -181
Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine