Laserfiche WebLink
JUL-11-2005 02:33PM FROM-WETLAND INC 3034360853 T-436 P.004/006 F-568 <br />Mr. Peter Wayland <br />Challenger Pit SWSP, M-85-026 <br />June 30,2005 <br />Page 3 of 5 <br />A copy of this approval letter should be recorded with the county clerk and recorder. All <br />replacement water must be concurrent with depletions in quantity, timing and locations. <br />g. Tha name, address, and phone number of a contact parson who will tre responsible for the <br />operation and accounting of this plan must be provided on the accounting fortes submitted to <br />the division engineer and the water commissioner. <br />10. The amount and location of dry-up of the irrigated acreage associated with the uses of <br />the Hill 1?< Brush Ditch water must be documented and approved by the division engineer <br />and water eommissioner_ A map and legal description of the dry-up must be submitted to <br />the wafer commissioner, division engineer and the state engineer by July 31, 2005. <br />11. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form is subject to modification and approval by <br />the division engineer. <br />12. The applicant must provide the water commissioner and division engineer with an annual <br />accounting of the 100 acre-feet of fully consumable water leased from the City of Loveland. <br />The accounting must include a list of locations and amounts of this leased water committed <br />for replacement purposes <br />13. Conveyance loss for delivery of the Loveland leased water is subject to assessment and <br />modification as determined by the division engineer. <br />14. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or wifl occur as a result of this plan. <br />15. Renewal of this plan is contingent on the Applicant filing an application for a plan for <br />augmentation that includes evaporation losses from this site. <br />16. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and <br />Regulations° adopted on February 4,1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis maybe requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />17. Should this supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />18. The dryyearanalysis required bythis office for a permanent plan foraugmentation mayvary <br />from the analysis approved in this substitute water supply plan. The decision of the state <br />engineer shall have no precedential or evidentiary force, shall not create any presumptions. <br />shift the burden of proof, or serve as a defense in any pending water court case or anyother <br />legal action that may be initiated concerning this plan. This decision shall not bind the state <br />engineerto act in a similar manner in any other applications involving other plans, or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of factor <br />