2021-10-27_HYDROLOGY - M2002120

• Permit No: M2002120
• IBM Index Class Name: Hydrology
• Doc Date: 10/27/2021
• Doc Name: Substitute Water Supply Plan
• From: Water Resources
• To: DRMS
• Email Name: PSH
• Email Name: JLE
• Media Type: D
• Archive: No

Bernhardt Pit SWSP Page 5 of 5
October 27, 2021
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.
14. 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
whether the substitute supply is of a quality to meet requirements of use to senior
appropriators. As such, water quality data or analysis may be requested at any time to
determine if the water quality is appropriate for downstream water users.
15. 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 SWSR Should this substitute
water supply plan expire without renewal or be revoked prior to adjudication of a
permanent plan for augmentation, all excavation of product from below the water table,
and all other use of water at the pit, must cease immediately.
16. 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 substitute water
supply plan. This decision shall not bind the State Engineer to act in a similar manner in
any other applications involving other plans or in any proposed renewal of this plan, and
shall 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 Wenli Dickinson in Denver at
[phone] or Michael Hein in Greeley at [phone].
Sincerely,
Jeff Deatherage, P.E.
Chief of Water Supply
Attachments: Figure 1 and Tables 1-4
Groundwater Management Subdistrict Lease
April 2010 DRMS Letter
cc: Michael Hein, Assistant Division Engineer, [e-mail]
Jean Lever, Water Commissioner, District 4, Jean.Lever@ state.co.us
Brent Schantz, River Operations St Compact Coordinator, [e-mail]
Louis Flinck, Water Rights/Diversion Records Coordinator, Louis.Flinko-state.co.us
Division of Reclamation Mining and Safety, Peter.Hayeso state.co.us
JD/wad: Bernhardt Approval 2022.docx