2021-08-17_HYDROLOGY - M2016085

• Permit No: M2016085
• IBM Index Class Name: Hydrology
• Doc Date: 8/17/2021
• Doc Name: Substitute Water Supply Plan
• From: DWR
• To: DRMS
• Email Name: PSH
• Media Type: D
• Archive: No

NCCI Bennett Gravel Pit SWSP Page 5 of 6
August 17, 2021
13. The Division of Water Resources will not be responsible for any enforcement or administration of
third party agreements that are not included in a decree of the water court.
14. The name, mailing address, and phone number of the contact person who will be responsible for
operation and accounting of this plan must be provided on the accounting forms to the Division
Engineer and Water Commissioner.
15. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division
of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply
with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations
for the protection of water resources. The April 30, 2010 letter from DRMS requires that the
Applicant provide information to DRMS to demonstrate they can replace long term injurious
stream depletions that result from mining related exposure of groundwater. The DRMS letter
identifies four approaches to satisfy this requirement.
In accordance with approach nos. 1 and 3, the Applicant has indicated that a bond has been
obtained for $1,005,627.00 through the DRMS for lining of this site to assure that depletions
from groundwater evaporation do not occur in the unforeseen event or event(s) that would
lead to the abandonment of the Pit.
16. All releases of replacement water must be sufficient to cover all out of priority depletions and be
made under the direction and/or approval of the Water Commissioner (including any proposed
aggregated replacement for winter depletions).
17. The approval of this SWSP does not relieve the Applicant and/or 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 1 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, replacement of lagged depletions shall
continue until there is no longer an effect on stream flow.
18. 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 excavation of the product
from below the water table, and all other use of water at the pit, must cease immediately.
19. 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 the 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.
20. 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