2023-10-10_HYDROLOGY - M2016085

• Permit No: M2016085
• IBM Index Class Name: Hydrology
• Doc Date: 10/10/2023
• Doc Name: Substitute Water Supply Plan
• From: Division of Water Resources
• To: DRMS
• Email Name: HR1
• Email Name: MAC
• Media Type: D
• Archive: No

NCCI Bennett Gravel Pit SWSP Page 4 of 5
October 9, 2023
10. The replacement water that is the subject of this SWSP cannot be sold or leased to any other entity.
As a condition of subsequent renewals of this SWSP, the replacement water must be appurtenant to
this site until a plan for augmentation is obtained. All replacement water must be concurrent with
depletions in quantity, timing, and locations.
11. The Applicant shall provide daily accounting (including, but not limited to diversions, depletions,
replacement sources, and river calls) on a monthly basis. The accounting must be uploaded to the
CDSS Online Reporting Tool within 30 days of the end of the month for which the accounting applies
(https://dwr.state.co.us/Tools/reporting). Instructions for using the tool are available on the
Division of Water Resources website on the"Services" -­ "Data&Information" page under the heading
of "Online Data Submittal". Accounting and reporting procedures are subject to approval and
modification by the division engineer. Accounting forms need to identify the WDID number for each
structure operating under this SWSP. NOTE: Monthly accounting, even during the winter non-
irrigation season, is required.
In addition, the Applicant shall verify that the entity making replacements has included the Applicant
on their accounting and submitted their accounting to the Division office and the Water
Commissioner. For this SWSP, that entity is the City of Fort Lupton.
12. Conveyance loss for delivery of augmentation water to the point of depletion on the South Platte
River is subject to assessment and modification as determined by the Division Engineer.
13. In order to prevent injury to other water rights, the division engineer and water commissioner must
be able to administer Applicants' replacement water past headgates on the river at times when those
headgates would otherwise be legally entitled to divert all available flow in or "sweep" the South
Platte River or its tributaries. Applicant shall not receive credit for replacement of depletions to
the South Platte River below such diversion structures unless bypass and measurement structures are
in place to allow the division engineer and water commissioner to confirm that Applicant's
replacement water is delivered past the headgates. In the event that delivery past dry-up points
requires the use of a structure for which a carriage or use agreement with a third party is required,
Applicant shall be responsible for securing such agreement. Until such time as the Applicant provides
a copy of the carriage or use agreement to the division engineer and water commissioner, no credit
will be allowed for replacement of depletions to South Platte River below such diversion structure.
14. 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.
15. 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.
16. 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.