Laserfiche WebLink
Mr. Jeffrey Clark <br />8/10/2007 <br />Page 4 <br />8. All releases of replacement water must be sufficient <br />depletions and be made under the direction and/o <br />Commissioner. <br />9. The name, mailing address, and phone number of 1 <br />be responsible for operation and accounting of this <br />the accounting forms to the Division Engineer <br />Please provide a copy of the proposed accoun <br />Engineer and Water Commissioner for appro~ <br />operations at the site that will result in depletions to 1 <br />o cover all out of priority <br />approval of the Water <br />;contact person who will <br />an must be provided on <br />Water Commissioner. <br />~ form to the Division <br />prior to commencing <br />South Platte River. <br />10.The approval of this SWSP does not relieve the Applicant and/or landowner of <br />the requirement to obtain a Water Court decree approving a permanent plan <br />for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after <br />gravel mining operations have ceased. If reclamation of the mine site will <br />produce a permanent water surface exposing groundwater to evaporation, an <br />application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three (3) years prior to the completion of mining to include, but <br />not be limited to, long-term evaporation losses and lagged depletions. If a <br />lined pond results after reclamation, replacement of lagged depletions shall <br />continue until there is not longer an effect on stream flow. <br />11. This substitute water supply plan may be revoked or modified at any time should <br />it be determined that injury to other water rights has or will occur as a result of <br />this plan. <br />12. Should this SWSP expire without renewal or be revoked prior to adjudication of <br />a permanent plan for augmentation, all excavation of the product from below <br />the water table, and all other use of water at the pit, must cease immediately. <br />13.In accordance with amendments to Section §25-8 <br />Bill 89-181 Rules and Regulations" adopted on <br />Engineer shall determine if this substitute water ; <br />meet requirements of use to which the senior <br />substitute supply has normally been put. As such, ~ <br />may be requested at any time to determine if the rec <br />appropriator is met. <br />14.The decision of the State Engineer shall have not p <br />force, shall not create any presumptions, shift the burd <br />defense in any water court case or any other legal ac <br />concerning the SWSP. This decision shall not bind the <br />similar manner in any other applications involving other <br />7), C.R.S. and "Senate <br />ary 4, 1992, the State <br />plan is of a quality to <br />opriation receiving the <br />quality data or analyses <br />lent of use of the senior <br />ecedential or evidentiary <br />'n of proof, or serve as a <br />lion that may be initiated <br />State Engineer to actin a <br />plans or in any proposed <br />