2024-01-29_HYDROLOGY - M2001107

• Permit No: M2001107
• IBM Index Class Name: Hydrology
• Doc Date: 1/29/2024
• Doc Name: Substitute Water Supply Plan
• From: Division of Water Resources
• To: DRMS
• Email Name: BFB
• Email Name: JLE
• Media Type: D
• Archive: No

NCCI Pit#1 Substitute Water Supply Plan Page 4 of 4
January 29, 2024
14. 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, the Applicant must continue to provide
replacement water for all out-of-priority depletions resulting from the operation of this SWSP, including
those lagged depletions that occur to the stream after the expiration date of this SWSP.
15. 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 the SWSP, including those
that extend beyond the approval period of the SWSP.
16. 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, a bond through DRMS for $486,745 for lining of
the pit has been obtained. Therefore, in case of abandonment the bond can finance the completion of
the lining of the pit or the backfilling, thus preventing depletions to the stream system.
17. 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.
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.
Should you have any comments or questions, please contact Aliyah Santistevan, Assistant Division Engineer
in Greeley, at 970-352-8712, or Wenli Dickinson of this office at 303-866-3581 x8206.
Sincerely,
for
Joanna Williams, P.E.
Chief of Water Supply
Attachments: Tables 1 Et 2; City of Thornton Agreement; DRMS Letter April 30, 2010; Augmentation Plan
Accounting, Division One - South Platte River
Ec: Aliyah Santistevan, Assistant Division Engineer, [e-mail]
Dawn Ewing, Accounting Coordinator, [e-mail]
Corey DeAngelis, Acting River Operations/Compact Coordinator, [e-mail]
Alec Hernandez, Lead District 2 Water Commissioner, [e-mail]
Louis Flink, Tabulations/Diversion Records Coordinator, [e-mail]
Division of Reclamation Mining and Safety, [e-mail]
JMW/idc/wad: 2024 NCCI Pit#1 SWSP - Approval.docx