Laserfiche WebLink
David Heintz <br />March 20, 2015 <br />Page 4 of 5 <br />gravel mining operations have ceased. If reclamation of the mine site will produce a <br />permanent water surface exposing groundwater to evaporation, an application for a <br />plan for augmentation must be filed with the Division 2 Water Court at least three (3) <br />years prior to the completion of mining, to include, but not be limited to, long -term <br />evaporation losses and lagged depletions. If a lined pond results after reclamation, <br />replacement of lagged depletions from mining and dewatering shall continue until <br />there is no longer an effect on stream flow. <br />9. This plan may be revoked or modified at any time should it be determined that injury <br />to other vested water rights has or will occur as a result of the operation of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, Martin Marietta shall obtain and <br />present to this office an alternate source of replacement water. <br />10. In accordance with amendments to §25 -8- 202(7), C.R.S., and "Senate Bill 89 -181 Rules <br />and Regulations" adopted on February 4, 1992, the State Engineer shall determine if <br />this substitute water supply plan is of a quality to meet requirements of use to which <br />the senior appropriation receiving the substitute supply has normally been put. As <br />such, water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />11. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as a defense in <br />any water court case or any other legal action that may be initiated concerning the <br />substitute water supply plan. This decision shall not bind the State Engineer to act in a <br />similar manner in any other applications involving other plans or in any proposed <br />renewal of this plan, and shall not imply concurrence with any findings of fact or <br />conclusions of law contained herein, or with the engineering methodologies used by <br />the Applicant. <br />12. Acceptance of these conditions shall be assumed unless a letter to the contrary is <br />received by this office, the Division Engineer (Steve Witte, 310 E. Abriendo, Suite B, <br />Pueblo CO 81004), and the Water Commissioner (Peter Kasper) within two weeks of <br />your receipt of this letter. <br />Should you have any questions, please contact Caleb Foy of this office or Charlie DiDomenico <br />in our Division 2 office in Pueblo at (719) 542 -3368. <br />of .CO <br />�w <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us I �� <br />1876 �`, <br />