2023-11-29_HYDROLOGY - M2005059

• Permit No: M2005059
• IBM Index Class Name: Hydrology
• Doc Date: 11/29/2023
• Doc Name: Substitute Water Supply Plan
• From: Division of Water Resources
• To: DRMS
• Email Name: ECS
• Email Name: MAC
• Media Type: D
• Archive: No

Nelson Mining Resources SWSP
November 29, 2023
Page 5 of 6
controlled by Longmont, showing the total volume of water under its control and the amount
committed to each of the recipients of the water, including the water committed to this
plan.
9. 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.
10. The Applicant shall follow the accounting protocol as referenced in the attached document for
the operation of this SWSP.
11. Conveyance loss for delivery of augmentation water to the point of depletion on St. Vrain
Creek is subject to assessment and modification as determined by the division engineer.
12. 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.
The total amount pumped monthly for dewatering purposes and the lagged depletions
from dewatering must be reported on the submitted monthly accounting.
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" Saint Vrain Creek or its tributaries. Applicant shall not receive
credit for replacement of depletions to Saint Vrain Creek 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 Saint Vrain Creek 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 approval of this substitute water supply plan 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.
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 you provide information to DRMS to demonstrate you can