HYDRO30917 - Laserfiche WebLink

Home Browse Search

Mr. Forrest Leaf May 30, 2007 Page 4 In addition, the applicant shall submit a report from the Town of Milliken ("Milliken"). The report shall include an accounting of all replacement water controlled by Milliken, showing the total volume of water under its control and the amount committed to each of the recipients of the water. 6. All diversions shall be measured in a manner acceptable to the division engineer. The Applicant shall install and maintain such measuring devices as required by the division engineer for operation of this SWSP. 7. All releases of replacement water must be sufficient to cover all out of priority depletions and be made under the direction and/or approval of the water commissioner. The replacement may be aggregated to maximize beneficial use. The water commissioner andlor division engineer shall determine the rate and timing of an aggregated release. 8. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner. 9. The approval of this substitute water supply plan 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 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 1 Water Court at least three (3) years prior to the completion of mining 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 shall continue until there is no longer an effect on stream flow. 10. 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. 11. 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. 12. 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.