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 6 of 6
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 $1,097,165.51 through the DRMS for lining of this site 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.
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. In accordance with amendments to Section 925-8-202-(7), C.R.S. and "Senate Bill 89-181 Rules
and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this
substitute water supply plan is of a quality to meet requirements of use to which the senior
appropriation receiving the substitute supply has normally been put. As such, water quality
data or analyses may be requested at any time to determine if the requirement of use of
the senior appropriator is met.
19. 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.
Should you have any questions, please contact Michael Matz of this office or Michael Hein of
our Division office in Greeley at [phone].
Sincerely,
for
Joanna Williams, P.E.
Chief of Water Supply
Attachments: Figures 1 and 2
Tables 1, 2, 3, 4, 5, and 6
City of Longmont Lease
Accounting Protocol
Ec: Michael Hein, Assistant Division Engineer, [e-mail]
Shera Sumerford, District 5 Water Commissioner, [e-mail]
Dawn Ewing, Accounting Coordinator, [e-mail]
Louis Flink, Tabulation / Diversions Record Coordinator [e-mail]
Division of Reclamation Mining and Safety
JMW/idc/mbm: Nelson Pit Approval Letter 2023-2024