2022-12-19_HYDROLOGY - M2008082 - Laserfiche WebLink

Home Browse Search

Morton Lakes Substitute Water Supply Plan Renewal Page 8 of 9 December 16, 2022 structure. 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. 16. 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. 17. Dewatering at this site will produce delayed depletions to the stream system. Dewatering operations must be measured by totalizing flow meters that can accurately show the monthly volume of dewatered water that is pumped and returns to the stream. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount. 18. The Applicant must replace all depletions resulting from operations under this SWSP, including those depletions that are owed to the stream after the expiration date of this SWSP. The Applicant must maintain a valid SWSP approved under section 37-92-308(4), C.R.S. until all lagged replacement obligations resulting from the gravel pit operation have been fully replaced in time, location, and amount. 19. 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 you provide information to DRMS to demonstrate you 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, you have indicated that a bond has been obtained for $4,150,000 for the Morton-Holton Lakes site through the DRMS to assure that depletions from groundwater evaporation do not occur in the unforeseen event or events that would lead to the abandonment of the Pit. 20. 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 the proposed aggregated replacement for winter depletions). 21. 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. 22. 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