HYDRO27758

• Permit No: M1990106
• IBM Index Class Name: Hydrology
• Doc Date: 8/29/2006
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Deere & Ault Consultants Inc.
• Permit Index Doc Type: Correspondence
• Media Type: D
• Archive: No

Jason M. Brothers
August 17, 2006
Page 3
address, and phone number of the contact person who is responsible for
operation and accounting of this plan must be provided on the accounting forms.
The approval of this substitute water supply does not relieve the applicant and/or
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 after the
gravel mining operations have ceased. Application for a decree should be made
three years prior to the completion of mining with the intent of obtaining a
decreed plan by the completion of mining.
8. This substitute water supply plan may be revoked or modified at any time should
it be determined that injury to other water rights has or will occur as a result of
this plan.
9. 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 water court case or any other legal
action that may be initiated concerning the substitute water supply 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.
10. Acceptance of these conditions shall be assumed unless a letter to the
contrary is received by this office, tfie Division Engineer (310 E. Abriendo,
Suite B, Pueblo, CO 81.004), and the Water Commissioner (John Van
Oort, P.O. Box 148, Rye, Colorado 81069) within two weeks of your receipt
of this letter.
Please contact Don West of this office or Kalsoum Abbasi, Augmentation
Coordinator, in Pueblo at [phone], if you have any questions concerning
this approval.
C~
ick Wolfe, P.E.
Assistant State Engineer
Attachment: Table I
cc: Steve Witte, Division Engineer
John Van Oort, Water Commissioner, District 14
Division of Reclamation, Mining and Safety
DW/DDW: Baxter Road Pit 2006