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 5
1. Adapted from EVAPOTRANSPIRATION AND AGRONOMIC RESPONSES IN FORMERLY IRRIGATED
MOUNTAlNMEADOWS, South Park, Colorado, March 1, 1990; Revised September 1, 1991
15. The applicant shall maintain daily records of all diversions, replacement, and the
amount of water used for each particular purpose. The applicant shall provide a
report of these records to the Division Engineer (Wayne Schieldt, PO Box 456,
Montrose, CO, 81402, telephone [phone]), and the Water Commissioner
(Greg Powers, PO Box 456, Montrose, CO, 81402, telephone [phone]) on a
monthly basis, or other interval acceptable to both of them. The accounting must
be submitted within five (5) calendar days of the end of the month for which the
accounting is being made. The applicant shall also provide an annual report to the
division engineer and the water commissioner by November 15th, which
summarizes diversions and replacements made pursuant to this plan. Accounting
forms are subject to modification and approval by the division engineer (a
proposed accounting form, Appendix A, is attached). Flowrates shall be reported
in cfs, volumes shall be reported in acre-feet.
16. The name, address and phone number of a contact person who will be responsible
for the operation and accounting of this plan must be provided on the accounting
forms to the Division Engineer and Water Commissioner.
17. The approval of this substitute water supply plan does not relieve the Applicant
and/or the landowner of the requirement to obtain a Water Court decree approving
a permanent plan for augmentation or mitigation to ensure the permanent
replacement of ail 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 Water
Court prior to the expiration of this approval, to include, but not be limited to, long-
term evaporation losses and lagged depletions. If a lined pond results after
reclamation, replacement of lagged depletions from mining and dewatering shall
continue until there is no longer an effect on stream flow.
18. This substitute water supply plan may be revoked or modified at any time should it
be determined that injury to other vested water rights has or will occur as a result of
the operation of this plan. Should this substitute water supply plan expire without
renewal or be revoked prior to adjudication of a permanent plan for augmentation,
all diversions under this plan must cease immediately.
19. In accordance with amendments to §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 the substitute supply is of a quality to meet requirements of use to
which the senior appropriation receiving the substituted supply has normally been
put. As such, water quality data or analyses may be requested at any time to
determine if the requirements of use of the senior appropriator are met.
20. 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 defense in
any water court case or any other legal action that may be initiated concerning the