HYDRO29734

• Permit No: M1998013
• IBM Index Class Name: Hydrology
• Doc Date: 5/10/2006
• Doc Name: Water Supply Plan Approval
• From: OSE
• To: Leaf Engineering
• Media Type: D
• Archive: No

Mr. Forrest Leaf
May 9, 2006
Page 5
12. Dewatering at this site will produce delayed depletions to the stream system. As long as
the pit is continuously dewatered, the water returned to the stream system should be
adequate to offset the depletions. However, once dewatering at the site ceases the
delayed depletions must be addressed. At least three years prior to completion of
dewatering, a plan must be submitted that specifies how the post pumping dewatering
depletions will be replaced, in time, place and amount.
13. 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.
14. Should this substitute water supply plan expire without renewal or be revoked prior to
adjudication of a permanent plan for augmentation, all excavation of product from below
the water table, and all other use of water at the pit, must cease immediately.
15. In accordance with amendments to Section §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
if this substitute water supply plan is of a quality to meet requirements of use to which the
senior appropriation receiving the substitute supply has normally been put. As such, water
quality data or analyses may be requested at any time to determine if the requirement of
use of the senior appropriator is met.
16. 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.
Should you have any questions, please contact Joanna Williams of this office or Mr. Scott
Cuthbertson of our Division office in Greeley at [phone].
Sincerely,
Kevin G. Rein, P.E.
Chief of Water Supply
Attachments: Table 4 and Accounting Protocol
KGR/JMW
cc: Scott Cuthbertson, Assistant Division Engineer
Scott Edgar, Water Commissioner, Water District 5
Division of Minerals and Geology