HYDRO30695

• Permit No: M1994005
• IBM Index Class Name: Hydrology
• Doc Date: 9/14/2007
• Doc Name: Substitute water supply plan
• From: Office of the State Engineer
• To: Peter Foster
• Media Type: D
• Archive: No

Ms. Mariah McPherson and Mr. Peter Foster September 14, 2007
Colona Gravel Pit, Substitute Water Supply Plan Page 2
consumable water released from Blue Mesa Reservoir by the U.S. Bureau of Reclamation. An
8.9 percent transit loss will be applied to all deliveries as specified in column 3 of your Table 3.
The Applicant proposes to provide for long-term replacement requirements for this plan
using historicai consumptive use credit from irrigation of the site by 2.5 shares of the Ouray
Ditch. However, the information that has been provided as of this date is not sufficient to allow
for a determination of the diversion amounts and consumptive use credits attributable to these
shares. As such, although this approval is conditioned upon dedication of these shares to the
plan, approval of the plan is based on the financial warranty, which is in the form of a bond for
$161,568.00, obtained through the Division of Reclamation, Mining and Safety for the purposes
of financing reclamation of the area disturbed by mining in the event the operator fails to do so.
Estimates for the financial warranty include a provision for backfilling of the pit such that the floor
of the pit will be dry rangeland. Therefore, in the event that the operator and/or landowner fail to
obtain a water court decreed plan for augmentation sufficient to replace depletions from the
exposed ground water sufiace in the pit, the bond can finance the backfilling of the pit.
As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has
been provided to an outside consultant for review. I hereby approve the proposed substitute
water supply plan in accordance with §37-90-137(11), C.R.S. subject to the following conditions:
1. This plan shall be valid from October 1, 2007 through September 30, 2008 unless
otherwise revoked or modified. If this plan will not be made absolute by a water
court action by the plan's expiration date, a renewal request must be submitted to
this office with the statutory fee (currently $257) no later than 90 days prior to the
expiration date.
2. The Applicant must provide the name, address and phone number of the person
who will be responsible for the operation of the plan to this office, the Division
Engineer, and the Water Commissioner within 20 days of the receipt of this
approval, and must be provided on the accounting forms submitted to the Division
Engineer and the Water Commissioner.
3. Prior to operation of the gravel pit pursuant to this plan, the Applicant must obtain a
new well permit for the exposure of ground water and the uses described herein in
accordance with §37-90-137(2) and (11), C.R.S and this plan. Once a permit is
obtained, the Applicant must provide all follow up documentation and forms
necessary to keep the permit valid. The provisions of §37-90-137(2), C.R.S.
prohibit 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 if you are able to obtain statements from the owners of all 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.
4. Prior to issuance of a well permit for the gravel pit and/or commencement of
diversions pursuant to this plan the applicant must submit copies, to the Division
Engineer and Water Commissioner, of the approved water allotment contracts from
the Tri-County Water Conservancy District for Ridgeway Reservoir water for at
least 0.15 acre-feet, and the U.S. Bureau of Reclamation for Blue Mesa Reservoir