2018-08-20_PERMIT FILE - M1996049

• Permit No: M1996049
• IBM Index Class Name: PERMIT FILE
• Doc Date: 8/20/2018
• Doc Name Note: Impact of Permit
• Doc Name: Complaint - GW impact
• From: Summit Capital
• To: DRMS
• Email Name: ECS
• Media Type: D
• Archive: No

Mr. Raul Passerini, P.E. Page 9
June 24, 2015
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.
15. The Applicant must submit accounting reports electronically to the Division 5 Office
(James Kellogg, Augmentation Plan Coordinator, iames.kelloQgCstate.co.us ,
telephone [phone] x5013) and Water Commissioner (Troy Wineland,
[e-mail] , telephone [phone]) on a monthly basis or other
interval acceptable to both of them. The Applicant shall also provide an annual report
to the Division Engineer and Water Commissioner by November 15`h, which
summarizes diversions and replacements made pursuant to this SWSP. Accounting
forms are subject to modification and approval by the Division Engineer. Flow rates
shall be reported in cfs, volumes shall be reported in acre-feet.
16. 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 5 Office and the Water Commissioner.
17. In accordance with approach no. 4 of the DRMS letter dated April 30, 2010, Everist
provided an affidavit dated January 29, 2015, that dedicates the Applicant's
interest in Famine Creek Ditch, the Old Whetstone Sheep Creek Ditch, the South
Rock Creek Ditch, and the McKay Ditch, as replacement water solely for the
Maryland Creek Ranch site (M-1996-049) for as long as there are depletions at this
gravel pit site or until such time as other replacement sources are obtained. In
addition, the affidavit indicates that Everist has entered into a contract with the
U.S. Bureau of Reclamation for the right to obtain the annual release of 84 acre-
feet of water from Green Mountain Reservoir. Of this total 20.8 acre-feet are
needed for replacement of the long term stream depletions. For the purposes of
this SWSP, this affidavit will be accepted for the dedication of the above water
right and water from Green Mountain Reservoir; however, if the State Engineer
determines that a different affidavit or dedication process is necessary to assure
proper dedication of the shares, additional information may be required prior to
future SWSP approvals.
18. The amount and location of the dry-up of the irrigated acreage associated with the
subject Famine Creek Ditch, the Old Whetstone Sheep Creek Ditch, the South Rock
Creek Ditch, and the McKay Ditch was previously documented and approved by the
division engineer and water commissioner.
19. All diversions and deliveries of replacement water shall be measured in a manner
acceptable to the Division Engineer. The Applicant shall install adequate measuring
devices as required by the Division Engineer for the operation of this SWSP.
20. The approval of this SWSP does not relieve the Applicant and/or the 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 5 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,