HYDRO23161 - Laserfiche WebLink

Home Browse Search

Michelle Matthews April 19, 2005 REPLACEMENT Page 2 Replacement water will be provided by the Board of Water Works of Pueblo. A lease agreement has been submitted in which the agreement shall continue in force for a period of 40 years commencing from October 8, 2004 between Mr. Evans and the Board of Water Works of Pueblo. The leased amount for the period April 1, 2005 through March 31, 2006 is 10 acre- feet. Mr. Evans also holds a bond with the Division of Minerals and Geology in the amount of $50,000, which is sufficient to backfill up to 50 acres. of exposed surface. Mr. Evans owns 1,541 Excelsior Irrigating Company shares that are included in Case No. 04CW62 to be converted into augmentation, storage, and exchange water. Mr. Evans intends on augmenting his pit at such time the decree is signed. The State and Division Engineers have reviewed the plan and the adequacy of each source of water provided for use as augmentation water, including, where necessary, the historical consumptive use of each water right, and return flows from diversion of waters imported into the Arkansas River Basin or other fully consumable waters proposed for use as augmentation water. CONDITIONS OF APPROVAL This substitute water supply plan is hereby approved pursuant to Section 37-90-137(11), C.R.S., subject to the following conditions: 1. This plan shall be valid through March 31, 2006, unless otherwise revoked or modified. 2. Active mining of the site shall not exceed 50 acres unless an amendment to this plan has been approved. 3. The mined cell must be maintained in a de-watered state. 4. The actual allowed water surface exposure may not exceed 0.5 acres. 5. The consumption associated with this mining operation is limited to evaporation, dust suppression, and water lost in product not to exceed a total of 11.6 acre-feet during the plan year. 6. Releases of water by Pueblo pursuant to this plan shall be under the approval of the Division Engineer and the Augmentation Coordinator and shall equal or exceed the depletions to be replaced on a monthly basis. 7. Accounting of water in this plan, including excavated area, area of actual ground water exposure, pumping, stream depletions, and replacement water deliveries must be provided to the Water Commissioner and Division Engineer on forms and at times acceptable to them. Said accouhting must be received by the 10'" of the month following the month being reported. The name, mailing address, and phone number of the contact person who is responsible for operation and accounting of this plan must be provided on the accounting forms. 8. 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 after the gravel mining operations have ceased. Application to