Laserfiche WebLink
Poudre Pits SWSP December 3, 2019 <br /> Plan IDs 3218 Et 4585 Page 8 of 9 <br /> Water Court at least three years prior to the completion of mining to include, but not be <br /> limited to, long-term evaporation losses. If a lined pond results after reclamation, <br /> replacement of lagged depletions shall continue until there is no longer an effect on stream <br /> flow. Granting of this plan does not imply approval by this office of any such court <br /> application(s). <br /> 17. Dewatering operations produce delayed depletions to the stream system. This SWSP includes <br /> these tagged depletions associated with the North La Poudre Pit. These lagged depletions are <br /> partially offset with dewatering accretions from active dewatering at the La Poudre Pit (Lee <br /> Parcel). Once dewatering at the La Poudre Pit ceases, the delayed dewatering depletions <br /> must continue to be replaced until there is no longer an effect on stream flow. A totalizing <br /> flow meter is required on all dewatering discharge in order for the operator to claim any <br /> accretion credits. <br /> 18. If dewatering at the site is discontinued, the pit would fill creating additional depletions to <br /> the stream system due to increased evaporation. To assure that additional depletions to the <br /> river does not occur, a bond for $1,506,500 for La Poudre Pit and a bond for $1,158,930 for <br /> North La Poudre Pit through the DRMS for lining or backfilling of the lakes has been obtained. <br /> Therefore, if the dewatering is discontinued these bonds can finance the completion of the <br /> lining of these pits or the backfilling, thus preventing depletions to the stream system. <br /> 19. In accordance with amendments to S 25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and <br /> Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the <br /> substitute supply is of a quality to meet requirements of use to which the senior appropriation <br /> receiving the substitute supply has normally been put. As such, water quality data or <br /> analyses may be requested at any time to determine if the requirement of use of the senior <br /> appropriator is met. <br /> 20. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at <br /> any time the State Engineer determines that injury to other vested water rights has occurred <br /> or will occur as a result of the operation of this SWSP. Should this SWSP expire without <br /> renewal or be revoked prior to adjudication of a permanent plan for augmentation, all <br /> excavation of product from below the water table, and all other use of water at the pit, must <br /> cease immediately. <br /> 21. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br /> create any presumptions, shift the burden of proof, or serve as a defense in any pending <br /> water court case or any other legal action that may be initiated concerning this plan. This <br /> decision shall not bind the state engineer to act in a similar manner in any other applications <br /> involving other plans, or in any proposed renewal of this plan, and shall not imply <br /> concurrence with any findings of fact or conclusions of law contained herein, or with the <br /> engineering methodologies used by the Applicant. <br /> If you have any questions concerning this approval, please contact Javier Vargas-Johnson in <br /> Denver at (303) 866-3581 or Michael Hein in Greeley at (970) 352-8712. <br />