HYDRO30787

• Permit No: M1977572
• IBM Index Class Name: Hydrology
• Doc Date: 8/14/2006
• Doc Name: Consolidated Substitute Water Supply Plan
• From: OSE
• To: BBA Water Consultants Inc.
• Permit Index Doc Type: Correspondence
• Media Type: D
• Archive: No

Jeffrey A. Clark Page 4
August 10, 2006
16. All parcels of dried up land are subject to administration pursuant to the Administration of Parcels
Claimed for Augmentation Credit Agreement signed by the Colorado State Engineer and Kansas
Chief Engineer in September of 2005. The final vehfication of dry up will be in the form of an affidavit
signed by an individual having personal knowledge of the dry up for the entire 2006 irrigation season
for each parcel of land listed in the approved replacement plan. All affidavits must be provided to the
Division Engineer by March 15, 2007 in order that the final determination of augmentation credits for
the irrigation season can be made along with mapping showing any revisions to the dry up acreage.
17. The approval of this substitute water supply 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 after the gravel mining operations have ceased. Application for a decree should be made
three years prior to the completion of mining with the intent of obtaining a decreed plan by the
completion of mining. Approval of this substitute supply plan does not imply a position by this office
on any related litigation.
18. This SWSP may be revoked or modified at any time should it be determined that injury to other
vested water rights has occurred or will occur as a result of the operation of this SWSP. Should this
SWSP expire without renewal or be revoked prior to adjudication of a pem~anent plan for
augmentation, all use of water under this SWSP must cease immediately.
19. 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 whether or not the
substitute supply is of a quality to meet requirements of use to senior appropriators. As such water
quality data or analysis may be requested at any time to determine if the water quality is appropriate
for downstream water users. 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 the pending water court case or any other legal action that may be initiated concerning the SWSP.
This decision shall not bind the state engineer to act in a similar manner in any other applications
involving other SWSP or in any proposed renewal of this SWSP, 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.
20. Acceptance of these conditions shall be assumed unless a letter to the contrary is received by this
office and the Division Engineer's Office (310 E. Abriendo, Suite B, Pueblo CO 81004) within Mro
weeks of your receipt of this letter.
Should you have any questions, please contact Heidi Frey of this office or Kalsoum Abbasi,
Augmentation Coordinator, in our Division 2 office in Pueblo at [phone].
rely,
~-./
olfe, P.E.
Assistant State Engineer
ce: Steven J. Witte, Division Engineer
Charlie Judge, District 12 Water Commissioner
Don Taylor, District 17 Water Commissioner
Dan Neuhold, District 67 Water Commissioner
DMG
C?V'.',Y.rm ra~co2006 doc