2024-02-01_HYDROLOGY - M2010071

• Permit No: M2010071
• IBM Index Class Name: Hydrology
• Doc Date: 2/1/2024
• Doc Name: Substitute Water Supply Plan
• From: Division of Water Resources
• To: DRMS
• Email Name: JPL
• Email Name: JLE
• Media Type: D
• Archive: No

Goose Haven Reservoir#2 Expansion SWSP Page 6 of 7
February 1, 2024
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 the South Platte
below such diversion structure.
15. The approval of this SWSP does not relieve the Applicant and/or the 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 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 from mining and dewatering 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. As the DRMS permit holder and land owner is the City of
Lafayette, a bond to cover the cost of backfilling or lining the pit is not required as Lafayette is
a governmental agency. As the final reclamation plan is a lined reservoir, an augmentation plan
is not required to be filed in court.
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 SWSP expire without renewal or be
revoked prior to adjudication of a permanent plan for augmentation, all groundwater exposure,
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 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 whether the
substitute supply is of a quality to meet requirements of use to senior appropriators. As such,
water quality data or analysis may be requested at any time to determine if the water quality
is appropriate for downstream water users.
19. 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.
20. 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 Wenli Dickinson of this office at [phone] or
Michael Hein of the Division office in Greeley at [phone].