2018-07-13_HYDROLOGY - M1977344

• Permit No: M1977344
• IBM Index Class Name: Hydrology
• Doc Date: 7/13/2018
• Doc Name: Substitute Water Supply Plan
• From: DWR
• To: DRMS
• Annual Report Year: 2018
• Email Name: TC1
• Media Type: D
• Archive: No

Ms. Lindsay M. Griffith, P.E.
July 13, 2018
Page 5 of 6
in the mining operation or returned to the river, must be reported in the monthly
accounting.
6. Additional structures and/or additional uses for the water that is the subject of this
SWSP will be allowed only if a new SWSP is approved for those additional
structures/ uses.
The Applicant shall continue to work with the Division of Water Resources to develop
an appropriate methodology to lag depletions from the Holcim Quarry to the Arkansas
River. Any request to renew this SWSP must include an update on the progress made
to develop such methodology. This office recommends the Applicant utilize a
physically relevant analysis to model the lagging of the evaporative depletion of
shallow ground water (irrigation return flows) that would have otherwise flowed into
the Arkansas River or Bear Creek absent the Quarry.
8. The replacement water, which is the subject of this SWSP, cannot be sold or leased to
any other entity. As a condition of subsequent renewals of this SWSP, the replacement
water must be appurtenant to this site until a plan for augmentation is obtained. All
replacement water must be concurrent with depletions in quantity, timing and
locations. Appropriate transit losses will be assigned under the direction of the
Division Engineer and Water Commissioner.
Accounting of water in this plan, including pumping amounts, stream depletions, and
replacement water deliveries, must be provided to the District 12 Water Commissioner
([e-mail]) and Division Engineer
([e-mail]) 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, address, and phone number of a contact person who will be
responsible for the operation and accounting of this SWSP must be provided with the
accounting forms to the Division Engineer and Water Commissioner.
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.
11. 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 pending water court case or any other legal action that may be initiated
concerning the SWSP. This decision shall not bind the State Engineer to act in a similar
manner in any other applications involving other SWSPs or in any proposed renewal of
this SWSP, 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.
Any appeal of a decision made by the State Engineer concerning an SWSP pursuant to S
37-92-308(4), C.R.S., shall be to the Division 2 Water Judge within thirty days of the
date of this decision and shall be consolidated with the application pending in case no.
16CW3102.