2018-08-01_HYDROLOGY - M2008017

• Permit No: M2008017
• IBM Index Class Name: HYDROLOGY
• Doc Date: 8/1/2018
• Doc Name: Substitute Water Supply Plan
• From: DWR
• To: DRMS
• Email Name: ECS
• Email Name: MAC
• Media Type: D
• Archive: No

Derr Pit SWSP August 1, 2018
Plan ID 5240 Page 6 of 6
20. 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.
21. 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 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.
22. 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 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 shalt not imply concurrence with
any findings of fact or conclusions of law contained herein, or with the engineering
methodologies used by the Applicant.
If you have any questions concerning this approval, please contact Sarah Brucker in Denver at
[phone] or Michael Hein in Greeley at [phone].
Sincerely,
for Jeff Deatherage, P.E.,
Chief of Water Supply
Attachments: Derr Gravel Pit Vicinity Map
Tables 1-3
Lease Agreement
Greeley Bypass Agreement
Letter from DRMS dated April 30, 2010
Augmentation Plan Accounting Protocol
Cc: Michael Hein, Assistant Division Engineer, [e-mail]
810 91h Street, Suite 200, Greeley, CO 80631, [phone]
Mark Simpson, Water Commissioner, District 3, Mark.Si mpsonCstate.co.us
Eric C. Scott, Division of Reclamation Mining and Safety, [e-mail]