HYDRO25683

• Permit No: M1984043
• IBM Index Class Name: Hydrology
• Doc Date: 7/25/2007
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group, Inc.
• Media Type: D
• Archive: No

Michelle L. Austin-Hatcher Page 3
July 18, 2007
applicant shall provide a report of these records to the Division Engineer and the
Water Commissioner on a monthly basis on a form approved by them. The
accounting must be emailed to the Water Commissioner
(Bruce.SmithCa)state.co.us) and to the Division 2 office
([e-mail]) by the 10'h of the month following the month
being reported.
8. The name, address and phone number of a contact person who will be responsible
for the operation and accounting of this plan must be provided on the accounting
forms to the Division Engineer and Water Commissioner.
9. 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 operations have ceased. If reclamation of the mine
site will produce a permanent water surface exposing groundwater to evaporation,
an application for a plan for augmentation must be filed with the Division 2 Water
Court at least three (3) years prior to the completion of mining, to include, but not
be limited to, long-term evaporation losses and lagged depletions. If a lined pond
results after reclamation, replacement of lagged depletions from mining and
dewatering shall continue until there is no longer an effect on stream flow.
10. This substitute water supply 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
this plan.
11. 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.
12. Long-term replacement requirements for this plan are satisfied by an existing bond
with the DMG covering the lining or backfilling of the previously mined pits and
drainage ditch.
13. The replacement water that is the subject of this plan cannot be sold or leased to
any other entity. As a condition of subsequent renewals of this substitute water
supply plan, the replacement water must be appurtenant to this site until a plan for
augmentation is obtained. A copy of this approval letter should be recorded with
the county clerk and recorder. All replacement water must be concurrent with
depletions in quantity, timing and locations.
14. 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 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 analyses may be requested at any time to
determine if the requirements of use of the senior appropriator are met.