2016-02-17_HYDROLOGY - M2006003 ‎(3)‎

• Permit No: M2006003
• IBM Index Class Name: Hydrology
• Doc Date: 2/17/2016
• Doc Name: Combined Substitute Water Supply Plan
• From: DWR
• To: DRMS
• Email Name: ECS
• Media Type: D
• Archive: No

Mr. Andy Rodriguez, P.E. Page 5 of 6
Bestway's Brighton Combined SWSP
February 10, 2016
13. Adequate accounting of depletions and replacements must be provided to the Division
Engineer in Greeley (Div1Accountin @state.co.us) and the water commissioner (Brent
Schantz at [e-mail]) on a monthly basis. All amounts shall be in
acre-feet. All submitted accounting shall conform to the Administration Protocol
"Augmentation Plan Accounting, Division One - South Platte River" (attached).
In addition, the applicant shall verify that the entities making replacement are
identifying this use on their accounting submitted to our office. For the period of this
plan, that entity is the City of Aurora (WDID 0802593 - Aurora Reuse).
14. The 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. If reclamation of the mine site will produce 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 and lagged depletions. If a lined pond results after reclamation,
replacement of lagged depletions shall continue until there is no longer an effect on
stream flow.
15. 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.
16. Dewatering is not expected to occur at these sites during the period of this SWSP,
therefore dewatering shall not occur unless an amendment to this SWSP is approved.
17. To assure that depletions from groundwater evaporation do not occur in the
unforeseen event, or events, that would lead to the abandonment of the pits, a bond
through DRMS, in the amount of $974,000.00 for the Parker-Dersham Pit and
$711,750.00 for the Baseline Pit, for lining or backfilling of the each pit has been
obtained. Therefore, in case of abandonment the bond can finance the completion of
the lining of the pit or the backfilling, thus preventing depletions to the stream
system.
18. In accordance with amendments to Section 525-8-202-(7), C.R.S. and "Senate Bill 89-181
Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine
if this substitute water supply plan is of a quality to meet requirements of use to which
the senior appropriation receiving the substitute supply has normally been put. As such,
water quality data or analyses may be requested at any time to determine if the
requirement of use of the senior appropriator is met.
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 water court case or any other legal action that may be initiated concerning the
substitute water supply plan. This decision shall not bind the State Engineer to act in
a similar manner in any other applications involving other plans or in any proposed
renewal of this plan, and shall not imply concurrence with any findings of fact or
conclusions of law contained herein, or with the engineering methodologies used by