HYDRO20695

• Permit No: M2001051
• IBM Index Class Name: Hydrology
• Doc Date: 2/2/2007
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group, Inc.
• Media Type: D
• Archive: No

Mr. Richard T. Raines
January 12, 2007
Page 4
11. This substitute water supply plan may be revoked or modified at any time should it be
determined that injury to other vested water rights has or will occur as a result of this
plan.
12. If reclamation of the mine site produces a permanent water surface exposing
groundwater to evaporation, an application for a plan for augmentation must be filed
with the Division 1 Water Court at least three years prior to the completion of mining to
include, but not be limited to, long-term evaporation losses. If a lined pond results after
reclamation, replacement of lagged depletions shall continue until there is no longer an
effect on stream flow. Lafarge West, Inc. has obtained a decreed storage right for the
Home Office Pit and North Taft Hill Expansion Site in case no. 92CW 157. An application
for a storage water right at the Overland Ponds Site was also filed in case no.
2001CW251 and is currently pending. Granting of this plan does not imply approval by
this office of any such court application(s).
13. Overland Ponds Site Pit and Home Office Pit have been continuously dewatered.
Dewatering at these sites will produce delayed depletions to the stream system. As long
as the pits are continuously dewatered, the water returned to the stream system should
be adequate to offset the depletions. However, once dewatering at the sites ceases the
delayed depletions must be addressed. At least three years prior to completion of
dewatering at the Overland Ponds Site and Home Office Pit, a plan must be submitted
that specifies how the post pumping dewatering depletions will be replaced, in time,
place and amount.
14. If the dewatering of these sites is discontinued, the pits would fill creating additional
depletions to the stream system due to increased evaporation. To assure that additional
depletions to the river does not occur, a bond for $1,984,000 for the Overland Ponds
Site and $117,600 for the Home Office Pit through DMRS for lining or backfilling of the
lakes has been obtained. Therefore, if the dewatering is discontinued these bonds can
finance the completion of the lining of these pits or the backfilling, thus preventing
depletions to the stream system.
15. In accordance with amendments to §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.
16. Should this supply plan expire without renewal or be revoked prior to adjudication of
permanent plan for augmentation, all use of ground water must cease immediately.
17. 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.