2023-02-01_HYDROLOGY - M2002120

• Permit No: M2002120
• IBM Index Class Name: Hydrology
• Doc Date: 2/1/2023
• Doc Name: Substitute Water Supply Plan
• From: DWR
• To: Division of Water Resources
• Email Name: ECS
• Email Name: MAC
• Media Type: D
• Archive: No

Bernhardt Pit SWSP Page 5 of 5
February 1,2023
16. 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.
17. 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 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.
18. 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 (303) 866-
3581 or Michael Hein in Greeley at [phone].
Sincerely,
for
Joanna Williams, P.E.
Water Resource Engineer
Attachments: Figure 1 and Tables 1-4
Groundwater Management Subdistrict Lease
Augmentation Plan Accounting Protocol
April 2010 DRMS Letter
cc: Michael Hein, Assistant Division Engineer, [e-mail]
Dawn Ewing, Accounting Coordinator, [e-mail]
Jean Lever, Water Commissioner, District 4, [e-mail]
Brent Schantz, River Operations Et Compact Coordinator, [e-mail]
Louis Flink, Water Rights/Diversion Records Coordinator, [e-mail]
Division of Reclamation Mining and Safety, [e-mail]
JMW/idc/wad: 2023 Bernhardt Approval.docx