HYDRO23274

• Permit No: M1979097
• IBM Index Class Name: Hydrology
• Doc Date: 9/30/2005
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: DMG
• Media Type: D
• Archive: No

Mr. Richard T. Raines Page 3
East Rigden Pit Substitute Water Supply Plan (M-79-097}
September 30, 2005
augmentation, all use of ground water under this plan must cease immediately.
11. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is
continuously dewatered, the water returned to the stream system should be adequate to offset the
depletions attributable to the dewatering operation. Once dewatering at the site ceases, the
delayed depletions must be addressed. Accordingly, dewatering is required to continue during the
terms of this approval. At least three years prior to completion of dewatering, a plan must be
submitted that specifies how the post pumping dewatering depletions (including refilling of the pit)
will be replaced, in time, place and amount.
12. The approval of this substitute water supply plan does not relieve the Applicant and/or the
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 has ceased. 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. The approval of this plan does not imply a position
by our office on any litigation associated with case 2001 CW202 or any other case.
13, 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.
14. 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
oranyother legal action that maybe 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 bythe Applicant.
If you have any questions concerning this approval, please contact loans Comaniciu in Denver at
[phone] or Dave Nettles in Greeley at [phone].
Sincerely,
,~ .~.-~GG'~
Jeff Deatherage, P.E.
Water Resource Engineer
Attachments: Table 1