HYDRO20019

• Permit No: M2004022
• IBM Index Class Name: Hydrology
• Doc Date: 5/26/2005
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Raindance Aquatic Investments LLC
• Media Type: D
• Archive: No

Mr. Thomas Donkle
May 25, 2005
Page 4
14. Reclamation of the mine site is proposed to result in the creation of two lined reservoirs. If
a lined pond results after reclamation, replacement of lagged depletions shall continue
until there is no longer an effect on stream flow.
15. Dewatering at this site will produce delayed depletions to the stream system. As long as
the pit is continuously dewatered, the water returned to the stream system should be
adequate to offset the depletions attributable to the dewatering operation. Once
dewatering at the site ceases, the delayed depletions must be addressed. Accordingly,
dewatering is required to continue during the term of this approval. Since the mining at
this site is estimated to last only about 2"/z years, with the next renewal request and prior
to completion of dewatering, a plan must be submitted That specifies how the post
pumping dewatering depletions (may include refilling of the pit) will be replaced, in time,
place and amount.
16. This site is currently being dewatered, however, if the dewatering of the site is
discontinued, the pit would fill creating additional depletions to the stream system due to
increased evaporation, To assure that this depletion to the river does not occur, a bond
for $466,700 through DMG for lining or backfilling of the lakes has been obtained.
Therefore, if dewatering is discontinued this bond can finance the completion of the
lining of the pit or the backfilling, thus preventing depletions to the stream system.
17. This substitute water supply plan may be revoked or modified at any time should it be
determined that injury to other water rights has or will occur as a result of this plan.
18. 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.
19. 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.
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
pending water court case or any other legal action that may be initiated concerning this
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.