2004-12-02_HYDROLOGY - M1995035

• Permit No: M1995035
• IBM Index Class Name: Hydrology
• Doc Date: 12/2/2004
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: DMG
• Media Type: D
• Archive: No

' Mr': Richard T. Raines
November 24, 2004
Page 4
effect on stream flow. Granting of this plan does not imply approval by this office of any
such court application(s).
15. Wellington -Downs Pit and Timnath-Connell Pit have been continuously dewatered.
Dewatering at these sites will produce delayed depletions to the stream system. As long
as the pits are continuously dewatered, the water returned to the stream system should
be adequate to offset the depletions. However, once dewatering at the sites ceases the
delayed depletions must be addressed. A plan that specifies how the post pumping
dewatering depletions will be replaced, in time, place and amount along with the
evaporation from groundwater exposed at the sites after the dewatering stops was
presented in the proposed plan.
16. It the dewatering of these sites is discontinued, the pits 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 $510,198 for Timanth-Connell Pit and
$138,700 for the Wellington Downs Pit through DMG for lining or backfilling of the lakes
has been obtained. Therefore, if the dewatering is discontinued these bonds can finance
the completion of the lining of these pits or the backfilling, thus preventing depletions to
the stream system..
17. 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.
18. 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.
19. 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 loana Comaniciu in
Denver at [phone] or Dave Nettles in Greeley at [phone].
S(in~cerely,
Je-ff De~ erag
Water Resource Engineer
Attachments: Table 1
cc: Dave 'Nettles, Assistant Division Engineer (810 9d' 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 and Minerals and Geology
JD/1DC/Connell Combined (Stute-M81-007, Wellington Downs-M95-035 and Timnath-Connell-M99-050)