HYDRO25531

• Permit No: M1979191
• IBM Index Class Name: Hydrology
• Doc Date: 5/2/2005
• Doc Name: Request Renewal of Substitute Water Supply Plan
• From: OSE
• To: Applegate Group Inc.
• Media Type: D
• Archive: No

Mr. Richard Raines
April 25, 2005
Page 5
15. If dewatering of the Kyger Pit is discontinued, the pit would fill creating additional
depletions to the stream system due to increased evaporation. To assure that
additional depletions to the river does not occur, a bond for $717,000 through DMG
for lining or backfilling of the lakes has been obtained. Therefore, if the dewatering is
discontinued this bond can finance the completion of the lining of this pit or the
backfilling, thus preventing depletions to the stream system.
16. 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.
17. Should this supply plan expire without renewal or be revoked prior to adjudication of a
permanent plan for augmentation, all use of ground water must cease immediately.
18. 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 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 by the Applicant.
If you have any questions concerning this approval, please contact loam Comaniciu in
Denver at [phone] or Dave Nettles in Greeley at [phone].
Sincerely,
Jeff Deatherage, P.E.
Water Resource Engineer
Attachments: Table I
Accounting and Recharge Protocols
cc: Dave Nettles, Assistant Division Engineer (810 9`h Street, 2nd Floor, Greeley, Colorado
80631, 970-352-8712)
George Varra, Water Commissioner, Water District 3 (1400 Highway 287 North, Ft. Collins,
Colorado 80524, 970-484-1628)
Division of Minerals and Geology
JD/IDC/Three Bells Pit M79-191, Kyger Pit M99-088 and Port of Entry M82-182