2017-04-26_HYDROLOGY - M2000041 ‎(2)‎

• Permit No: M2000041
• IBM Index Class Name: HYDROLOGY
• Doc Date: 4/26/2017
• Doc Name Note: April 1, 2017 through March 31, 2018
• Doc Name: Substitute Water Supply Plan
• From: DNR Water Resources
• To: DRMS
• Email Name: ERR
• Media Type: D
• Archive: No

Mr. Mark McLean, P.E. April 20, 2017
Page 4 of 5
acres, the additional evaporative depletion must be accounted for and replaced under a new
SWSP obtained by the Applicant.
5. The consumption associated with this mining operation is limited to evaporation not to exceed a
total of 12.08 acre-feet in lagged depletions during the 2017 - 2018 plan year.
6. AGUA/Stonewall Springs agree to replace out-of-priority depletions to senior surface water
rights in Colorado and depletions to usable Stateline flows occurring after the expiration date of
the plan (March 31, 2018) that are caused by diversions of ground water during the life of the
SWSP. According to the renewal request, "AGUA has agreed to provide 2.48 acre-feet of fully
consumable recharge credits from its Excelsior Recharge Ponds during the period of April, 2018
through March, 2019 if needed."
7. Releases of water by AGUA pursuant to this plan shall be coordinated with the Division Engineer
and the Augmentation Coordinator and shall equal or exceed the depletions to be replaced on a
monthly basis.
8. Accounting of water in this plan, including excavated area, area of actual ground water
exposure, pumping, stream depletions, and replacement water deliveries must be provided to
the Water Commissioners ([e-mail] and [e-mail]) and
Division Engineer (Augmentation.Coo rdinatorCstate.co.us) on forms and at times acceptable to
them. Said accounting must be received by the 10th of the month following the month being
reported. The name, mailing address, and phone number of the contact person who is
responsible for operation and accounting of this plan must be provided on the accounting forms.
Accounting and reporting procedures are subject to approval and modification by the Division
Engineer.
9. The approval of this SWSP 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 ground water to evaporation, an application
for a plan for augmentation must be filed with the Division 2 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. Granting of this plan
does not imply approval by this office of any such court application(s).
10. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at any
time the State Engineer determines that injury to other vested water rights has occurred or will
occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or be
revoked prior to adjudication of a permanent plan for augmentation, all use of water under this
SWSP must cease immediately and the Applicant shall obtain and present to this office an
alternate source of replacement water.
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 attributable to the dewatering operation. Once dewatering at the site
ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to
continue during the terms of this approval. At least three years prior to completion of
dewatering, a plan must be submitted that specifies how the post pumping dewatering