2007-05-14_HYDROLOGY - M1977184

• Permit No: M1977184
• IBM Index Class Name: Hydrology
• Doc Date: 5/14/2007
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: City of Fort Collins
• Media Type: D
• Archive: No

Mfi. Susan Smolnik, P.E.
Timberline Pit, DRMS Permit No. M77-184
May 14, 2007
Page 3
determined that injury to other vested water rights has or will occur as a result of this plan.
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.
11. 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 has ceased. If
reclamation of the mine site produces a permanent water surface exposing groundwater to
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. An application for a plan for augmentation was filed with the Division 1 Water Court on
October 31, 2005 in case no. 2005CW262, to include, but not be limited to long-term
evaporation losses at the Timberline Pit site. Granting of this plan does not imply approval by
this office of any such court application(s).
12. 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.
13. 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 ocher 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 loans Comaniciu in
Denver at [phone] or Dave Nettles in Greeley at [phone].
Sincerely,
~~ ~~~,
Jeff Deatherage, P.E.
Water Resource Engineer
cc: Dave Nettles, Assistant Division Engineer, 810 9~" Avenue, Suite 200, Greeley, Colorado
80631, (970)-352-8712
George Varra, Water Commissioner, Water District 3 (1400 Hwy 287 N, Fort Collins,
Colorado 80524, [phone])
Division of Reclamation Mining and Safety
JD/IClrimberline Pit DMG#77-184