HYDRO22445

• Permit No: M2004051
• IBM Index Class Name: Hydrology
• Doc Date: 11/30/2004
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group Inc.
• Media Type: D
• Archive: No

Donald E. Frick
November 15, 2004
Page 3
9. The Water Commissioner responsible for the administration of this plan is Mr. Robert
Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. [phone]. The applicant
shall maintain daily records of all diversions, replacements, and the amount of water
used for each particular purpose. The applicant shall provide a report of these records to
the division engineer and the water commissioner on a monthly basis on a form
approved by them. The accounting must be submitted within five (5) calendar days of
the end of the month for which the accounting is being made. As part of the monthly
accounting prepared by the operator, the location of the discharge points from each
dewatering trench must be located on a map and submitted with the acwunting.
10. The name, mailing address, and phone number of the contact person who will be
responsible for operation and accounting of this plan must be provided on the
accounting forms to the division engineer and water commissioner.
11. The approval of this substitute water supply plan does not relieve the Applicant and/or
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 at least three (3) years 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 shall continue until there is no longer an effect on stream flow.
12. All releases of replacement water must be sufficient to cover all out of priority depletions
and be made under the direction and/or approval of the water commissioner. The
replacement may be aggregated to maximize beneficial use. The water commissioner
and/or division engineer shall determine the rate and timing of an aggregated release.
13. Dewatering at this site will produce delayed depletions to the stream system. Once
dewatering at the site ceases the delayed depletions must be addressed. At least three
years prior to completion of dewatering, a plan must be submitted that specifies how the
post pumping dewatering depletions will be replaced, in time, place and amount.
14. 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.
15. 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.
16. 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.