HYDRO25337

• Permit No: M1999069
• IBM Index Class Name: Hydrology
• Doc Date: 12/2/2004
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group Inc.
• Media Type: D
• Archive: No

Richard T. Raines
November 29, 2004
Page 3
14. 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.
15. If reclamation of the mine site produces a permanent watersurface exposing groundwaterto
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. If a lined pond results after reclamation,
replacement of lagged depletions shall continue until there is no longer an effect on stream
flow. Granting of this plan does not imply approval by this office of any such court
application(s).
16. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bi1189-181 Rules and
Regulations adopted on February 4, 1992, the State Engineer shall determine if the
substitute supply is of a quality to meet requirements of use to which the senior appropriation
receiving the substituted supply has normally been put. As such, water quality data or
analysis may be requested at any time to determine if the requirements of use of the senior
appropriator are met.
17. 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 or any other legal action that may be initiated concerning this plan. This
decision shall not bind the state engineer to act in a similar manner in anyotherapplications
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 by the Applicant.
Please contact loans Comaniciu in Denver at [phone], or Dave Nettles in Greeley at
[phone], if you have any questions concerning this approval.
Sincerely,
~ ~.~
Jeff Deatherage, P.E.,
Water Resource Engineer
Attachments: Table 1
cc: Dave Nettles, Assistant Division Engineer (810 9~h Street, Ste. 200, Greeley, CO 80631
(970} 352-8712)
Fred Renner, Water Commissioner, District 4 (418 W. 12th Street, Loveland, CO 80537,
[phone]}
Division of Minerals and Geology
JD/IDC-Wagner/Kuffman Pit No. 3-M99-069