HYDRO27975

• Permit No: M1990098
• IBM Index Class Name: Hydrology
• Doc Date: 6/27/2005
• Doc Name: substitute water supply plan
• From: office of the state engineer
• To: dmg
• Media Type: D
• Archive: No

Donald E. Frick
June 21, 2005
Page 2
This plan shall be valid through December 31, 2005, unless otherwise revoked or
modified. Should a renewal of this plan be needed, a request to renew the plan and
statutory fee (currently $217) must be submitted to this by November 1, 2005.
2. Anew well permit must be obtained for the proposed uses and exposed pond surface area
of the gravel pit, prior to expanding the uses and exposed surface area at the site. The
provisions of Colorado Revised Statute 37-90-137(2) prohibits the issuance of a permit for
a well to be located within 600 feet of any existing well, unless the State Engineer finds that
circumstances so warrant after a hearing held in accordance with the procedural rules in
2CCR402-5. This hearing may be waived 'rf you are able to obtain statements from the
owners of ali wells within 600 feet, verifying that they have no objection to your use of the
proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any
other legitimate reason, approval of this substitute supply plan will be canceled.
3. The total area of pond surface exposed and the total amount of water to be consumed
due to water removed in product cannot exceed that amount listed on the attached
tables for each month. Should the actual values exceed the amounts in the tables, an
amendment will need to be filed with this office.
4. The Water Commissioner responsible for the administration of this plan is Mr. Robert
Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. [phone]. The applicant
shall maintain daily records of all diversions, replacements, and the amount of water
used for each particular purpose. The 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 submitted within five (5) calendar days of
the end of the month for which the accounting is being made. As part of the monthly
accounting prepared by the operator, the location of the discharge points from each
dewatering trench must be located on a map and submitted with the accounting.
5. All releases of replacement water must be sufficient to cover all out of priority depletions
and be made under the direction and/or approval of the Water Commissioner. The
replacement may be aggregated to maximize beneficial use. The Water Commissioner
and/or Division Engineer shall determine the rate and timing of an aggregated release.
6. The replacement water, which is the subject of this plan cannot be sold or leased to any
other entify. As a condition of subsequent renewals of Phis subsfifufe wafer supply plan,
the replacement water must be appurtenant to this site until a plan for augmentation is
obtained.
7. Approval of this plan is for the purposes as stated herein. This office must first approve
any additional uses for which the water may be used.
8. The approval of this substitute water supply plan 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 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 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
and lagged depletions. If a lined pond results after reclamation, replacement of {agged
depletions shall continue until there is no longer an effect on stream flow.