2016-12-13_HYDROLOGY - M1997054

• Permit No: M1997054
• IBM Index Class Name: HYDROLOGY
• Doc Date: 12/13/2016
• Doc Name: Substitute Water Supply Plan
• From: DWR
• To: DRMS
• Email Name: TC1
• Media Type: D
• Archive: No

Mr. Stephen Buechner, P.E. December 8, 2016
Page 5 of 6
11. Dewatering at this site will produce delayed depletions to the stream system. As long as the
pit is continuously dewatered, the water returned to the stream system should be adequate
to offset the depletions. However, once dewatering at the site ceases the delayed
depletions must be addressed. At least three years prior to completion of dewatering at the
Parkdale Pit a plan must be submitted that specifies how the post pumping dewatering
depletions(including refilling of the pit) will be replaced, in time, place and amount.
12.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.
In accordance with approach nos. 1 and 3, you have indicated that a bond has been
obtained for $1,174,724 through DRMS to assure that depletions from groundwater
evaporation do not occur in the unforeseen event, or events, that would lead to the
abandonment of the Pit. In addition, Front Range Aggregates owns and has dedicated
five shares of Twin Lakes Reservoir and Canal Company to cover these potential long
term depletions. Front Range Aggregates must continue to commit those shares to this
plan until such time as the State Engineer authorizes the release of this commitment.
13.This SWSP may be revoked or modified at any time should it be determined that injury to
other vested water rights has or will occur as a result of this plan. Should this SWSP expire
without renewal or be revoked prior to adjudication of a permanent plan for augmentation
all use of water at the pit must cease immediately.
14. In accordance with amendments to Section §25-8-202-(7), C.R.S. and Senate Bill 89-181
Rules and Regulations adopted on February 4, 1992, the State Engineer shall determine if
the substitute supply is of a quality to meet requirements of use to senior appropriators. As
such, water quality data or analyses may be requested at any time to determine if the water
quality is appropriate for downstream water users.
15.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 the Applicant.
Should you have any questions, please contact Caleb Foy of this office or Charlie DiDomenico,
Augmentation Coordinator, in our Division 2 office in Pueblo at [phone].
Sincerely,
Jeff Deatherage, P.E.
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Office of the State Engineer
1313 Sherman Street,Room 821,Denver,CO 80203 P 303.866.3581 !y(
www.water.state.co.us
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