2016-02-03_HYDROLOGY - M1985112 - Laserfiche WebLink

Home Browse Search

• Loloff Pit SWSP Page 4 of 7 January 27, 2016 The proposed reclamation of the site is to a tined reservoir with a surface area of approximately 40 acres. In accordance with approach no. 3, the Applicant has a financial warranty surety on file with the DRMS in the amount of $689,552.00 towards the cost of installing a slurry wall around the mining area. In accordance with approach no. 4, you have provided an affidavit dated May 30, 2014 that dedicates the Applicant's one share of the Greeley Irrigation Company (certificate no. 3391) and one share of the New Cache La Poudre Irrigation Company (certificate no. 4635) 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 approve the proposed substitute water supply plan in accordance with S 37-90-137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of January 1, 2016 through December 31, 2016, unless otherwise revoked, modified, or superseded by decree.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) no later than November 1, 2016. 2. Well permit no. 77467-F, as amended, was obtained for the current use and exposed pond surface area of the gravel pit in accordance with § 37-90-137(2) and (11), C.R.S. 3. The total surface area of the groundwater exposed at the site during this plan period must not exceed 1.52 acres, resulting in 4.43 acre-feet of evaporative loss. 4. The annual amount of water used at the Lotoff Pit for dust control shall not exceed 4.10 acre- feet and total product mined at the site shalt not exceed 500,000 tons resulting in 7.36 acre- feet of water lost with the mined aggregate. 5. Total consumption at the Loloff Pit during this plan period must not exceed these aforementioned amounts unless an amendment is made to this plan. 6. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water may be used will be allowed only if a new SWSP is approved for those additional uses. 7. All releases of replacement water must be sufficient to cover all out-of-priority depletions in time, place, and amount and must be made under the direction and/or the approval of the water commissioner. The release of replacement water may be aggregated to maximize beneficial use. The water commissioner and/or the division engineer shall determine the rate and timing of an aggregated release. The Applicant is required to coordinate with the water commissioner the delivery location of replacement water to ensure out-of-priority depletions are adequately replaced to prevent injury to other water rights. 8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the county clerk and recorder. All replacement water must be concurrent with depletions in quantity, timing, and location. 9. Conveyance loss for delivery of augmentation water is subject to assessment and modification as determined by the division engineer.