Laserfiche WebLink
Ms. Michelle Johnson <br />February 16, 2007 <br />Page 3 <br />8. All pumping for dust control must be measured in accordance to the Amended <br />Measurement Rules. A totalizing flow meter (TFM) or equivalent measurement device <br />must be installed and approved by the Division Engineer. <br />9. The replacement water that is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply <br />plan, the replacement water must be appurtenant to this site until a plan for <br />augmentation is obtained. A copy of this approval letter should be recorded with the <br />County Clerk and Recorder. All replacement water must be concurrent with depletions <br />in quantity, timing and locations. <br />10. Adequate accounting of depletions and replacements must be provided to the Division <br />2 Engineer in Pueblo (Steve Witte, 310 E. Abriendo Avenue, Suite B, Pueblo, CO. <br />81004, 719-542-3368, Div2Ground.Water@state.co.us) and the District 14 Water <br />Commissioner (John Van Oort, PO Box 148 Rye, CO 81069, 7191189-2899, <br />John.VanOort@state.co.us) by the 10~" of each month. The accounting provided <br />(attached Table 4) with your application is subject to modification and approval by the <br />Division Engineer. All amounts shall be in acre-feet. <br />11. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the Division Engineer and Water Commissioner. <br />12. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with <br />the Division 2 Water Court at least three years prior to the completion of mining to <br />include, but not be limited to, long-term evaporation losses. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. <br />13. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />14. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below <br />the water table, and all other use of water at the pit, must cease immediately. <br />15. In accordance with amendments to Section §25-8-202-(7), C.R.S. and Senate Bill 89- <br />181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of use <br />to which the senior appropriation receiving the substitute supply has normally been put. <br />As such, water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />16. The dry year analysis required by this office for a permanent plan for augmentation may <br />vary from the analysis approved in this substitute water supply plan. This substitute <br />water supply plan shall have no precedential or evidentiary force, and does not <br />constitute an admission or statement of position in any other proceeding. This plan shall <br />