2023-12-13_HYDROLOGY - M2004009 ‎(2)‎

• Permit No: M2004009
• IBM Index Class Name: Hydrology
• Doc Date: 12/13/2023
• Doc Name: Substitute Water Supply Plan
• From: Division of Water Resources
• To: DRMS
• Email Name: ECS
• Email Name: MAC
• Media Type: D
• Archive: No

ASCI Turnpike Mining Resources SWSP Page 5 of 6
December 13, 2023
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 the South Platte 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 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
revoked prior to adjudication of a permanent plan for augmentation, all excavation of the product
from below the water table, and all other use of water at the pit, must cease immediately.
16. The Applicant must replace all out-of-priority depletions resulting from operation under this SWSP,
including those lagged depletions that occur to the stream after the expiration date of this SWSP.
17. As part of any renewal of this SWSP, the Applicant must specify the proposed replacement source
that will be used to replace all lagged depletions that result from operation under this SWSP,
including those that extend beyond the approval period of the SWSP. If the intent is to obtain a
short term lease for such future replacement water, an executed lease for depletions that extend
beyond the SWSP approval period is not required, however the Applicant must demonstrate that
there is a reasonable likelihood that such a lease could be obtained.
18. 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 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 SWSP. 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 x8206 or Michael Hein in Greeley at [phone] x1219.
Sincerely,
for
Joanna Williams, P.E.
Chief of Water Supply
Attachments: Figures Et Tables
City of Erie Lease
Administration Protocol "Augmentation Plan Accounting" for Division 1
Letter from DRMS dated April 30, 2010