HYDRO24607

• Permit No: M1995007
• IBM Index Class Name: Hydrology
• Doc Date: 1/6/2006
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Helton & Williamsen P.C.
• Permit Index Doc Type: Other Ground Water
• Media Type: D
• Archive: No

Frank C Healy
January 4, 2006
Page 3
8. The approval of this substitute water supply plan does not relieve the applicant of the
requirement to obtain a Water Court approved permanent plan for augmentation to ensure
the permanent replacement of all depletions, including long-term evaporation losses after
the gravel mining operations have ceased. Application for an augmentation plan should be
made three years prior to the completion of mining with the intent of obtaining a decreed
plan by the wmpletion of mining. Approval of this substitute supply plan does not imply a
position by this office on any related litigation.
9. Any request for renewal of this plan must include new or additional long-term supplies of
water sufficient to cover the evaporative depletions from the pit.
10. Should a request for renewal of this plan be needed, such renewal request must be
submitted to this office at least 45 days prior to the expiration date of this plan (February 15,
2006).
11. This 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 the operation of this plan.
12. Should this substitute water supply plan expire without renewal or be revoked prior to
adjudication of a permanent plan for augmentation, all mining of wet product must cease
immediately.
13. 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
whether or not 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. Acceptance of these conditions shall be assumed unless a letter to the contrary is received
by this office, the Division Engineer (310 E. Abriendo, Suite B, Pueblo CO 81004), and the
Water Commissioner (Don Taylor, P.O. Box 321, Swink, CO 81077) within two weeks of
your receipt of this letter.
Should you have any questions, please contact Heidi Frey of this office or Kalsoum
Abbasi, in our Division 2 office in Pueblo at [phone].
~V v
ck Wolfe, P.E.
Assistant State Engineer
cc: Steven J. Witte, Division Engineer
Don Taylor, Water Commissioner
Division of Minerals and Geology
DW/HCF:word/thomeczek pit