2020-08-28_HYDROLOGY - M2000041 - Laserfiche WebLink

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Dan Mathes August 28, 2020 Page 3 of 5 REPLACEMENT During April 2020 through March 2021, fully consumable replacement credits from the Arkansas Groundwater Users Association ("AGUA") available pursuant to a 1-year lease (April 1, 2020 - March 31, 2021), will be provided to cover mining depletions. The credits will be generated through the delivery of fully consumable water available to AGUA from the Board of Water Works of Pueblo, from the City of Aurora, or others, to AGUA's Excelsior Recharge Ponds located immediately west of Chico Creek. The lease provides that AGUA will deliver up to 8.39 acre-feet to the Arkansas River by means of recharge ponds on the Excelsior Ditch. The attached Table 2 shows the proposed monthly replacement schedule for the 2020 - 2021 plan year. Projected post plan depletions will be replaced with 1.72 acre-feet of fully consumable water from AGUA. CONDITIONS OF APPROVAL This SWSP is hereby approved pursuant to Section 37-90-137(11), C.R.S., subject to the following conditions: 1. The current SWSP shall be valid April 1, 2020 through March 31, 2021, unless otherwise revoked or superseded by decree. If this SWSP will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office and the Division 2 office (please copy Bethany Arnold at Bethany.Arnold@state.co.us) with the statutory fee (currently $257) no later than January 2, 2021. 2. According to the renewal request, the long term plan for the site is to construct reservoir liners adequate to prevent the infiltration of tributary groundwater. Fremont Paving currently holds a bond in the amount of $1,955,780.00 for reclamation at the site. 3. Active mining or dust control shall not occur at the site under this SWSP. Should the operator desire to resume mining or provide water for dust control at the site, a new SWSP must be obtained. 4. The mined cell must be maintained in a de-watered state to the extent that the exposed water surface area does not exceed a total of 2.43 acres including all ponds, collection areas, dewatering trenches, and return trenches. If the actual water surface exposure exceeds 2.43 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 8.38 acre-feet in lagged depletions during the 2020 - 2021 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, 2021) that are caused by diversions of ground water during the life of the SWSP.