2015-11-03_HYDROLOGY - M1982131 - Laserfiche WebLink

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Bucklen Pit SWSP Page 5 of 8 October 27, 2015 37-90-137(11) that is capable of making replacements at the most upstream calling right impacted by the Bucklen Pit depletions. The Applicant has requested permission to lease out any of its excess replacement credit to other gravel pit SWSPs approved pursuant to 5 37-90-137(11), C.R.S., to the extent such excess replacement credit exists. The Applicant must provide written notice to the Division Engineer and Water Commissioner at least 30 days in advance of the desired commencement of use of the excess replacement credits, which must include the specific plan in which the credits will be used, the provision in the plan that allows an unnamed source to be added for credit, the annual and monthly amount of excess replacement credit available, the location at which the water will be delivered to the stream, and a copy of a lease agreement between the Applicant and the purchaser of the excess replacement credits if the additional plan is not owned by the Applicant. The Applicant cannot claim credit for the use of the excess replacement credits in any other plan until they have received written approval from the Division Engineer or Water Commissioner. Any use of any such excess replacement credits must continue to be directly related to the mining of sand and gravel. Long Term Augmentation In accordance with the letter dated April 30, 2010 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. The DRMS letter identifies four approaches to satisfy this requirement. The 4th approach requires documentation to identify what water rights or other permanent water source will be dedicated to the SWSP to assure that all permanent depletions from either an unforeseen abandonment of the site by the Applicant or as a result of long term ground water exposure after completion of mining and reclamation will be replaced so as to prevent injury to other water rights. In accordance with approach no. 4, you have provided an affidavit dated October 4, 2010 that dedicates five of the Applicant's shares of GIC water as replacement water solely for this SWSP for as long as there are depletions at this gravel pit site or until such time as another replacement source is obtained. A copy of the affidavit is attached to this letter. For the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State Engineer determines that a different affidavit or dedication process is necessary to assure proper dedication of the shares, additional information may be required prior to future SWSP approvals. Conditions of Approval I hereby approve this SWSP in accordance with 5 37-90-137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of November 1, 2015 through October 31, 2016 unless otherwise revoked, modified, or superseded by decree. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) prior to the expiration date but no later than August 31, 2016. 2. Well permit no. 67876-F, as amended on February 24, 2010, was obtained for the current use and exposed water surface area of the gravel pit in accordance with 5 37-90-137(2) and (11), C.R.S.