2003-04-07_REVISION - M1974069 - Laserfiche WebLink

Home Browse Search

. _; ^'-~ ~ Ms. Jennifer S. Lindahl, P.E. Lorimer Pit, M-74-069 February 24, 2003 Page 2 1. If written objections to the following conditions are not received by this office and the Division Engineer within 20 days of this approval, it will be assumed that the applicant has accepted, and will operate this plan in accordance with, the following conditions. This plan shall then be valid through February 28, 2004 unless otherwise revoked or modified. 2. If this plan will not be made absolute by a water court action in case no. 2000CW 142 by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $217) no later than January 15, 2004. 3. A well permit must be obtained for the current use and exposed pond surface area of the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. Either consent or a hearing will be required prior to the issuance of the permit if another well is located within 600 feet of the gravel pit boundaries. 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. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 22.89 acres during this approval through February 28, 2004. The water used for concrete botching must not exceed 14.09 acre-feet per year, the water lost with mined product must not exceed 0.48 acre-feet, and the water used for dust suppression must not exceed 5.40 acre-feet per year. Should the total water surface area at the pit, or the amounts of water used for concrete botching, dust suppression or lost with mined product exceed these amounts prior to the expiration date of this plan, an amendment will need to be filed with this office. 5. Approval of this plan is for the purpose as stated herein. Any additional uses for which the water may be used must first be approved by this office. 6. All releases of replacement water must be sufficient to cover all out-of-priority depletions in time, place, and amount and must be made under the direction and/or the approval of the Water Commissioner. The release of replacement water may be aggregated to maximize beneficial use. The Water Commissioner and/or the Division Engineer shall determine the rate and timing of an aggregated release. 7. The amount and location of the 42.2 acres of the dry-up land formerly irrigated acreage associated with the Applicant's shares of the Barnes Ditch must be documented and approved by the Division Engineer and Water Commissioner before any consumptive use credits are available for use under this plan. A map and legal description of the dry-up must be submitted to the Water Commissioner, Division Engineer and the State Engineer as part of the documentation process. 8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity Quring the term of this approval. As a condition of the subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until the plan for augmentation in case no. 2000CW142 is obtained. A copy of this approval letter should be recorded with the county clerk and recorder. All replacement water must be concurrent with depletions in quantity, timing and location. 9. Adequate accounting of diversions, cubic yards of concrete botching, tons of mined product, water used for dust suppression, and replacements must be provided to the Division Engineer (810 9`" Avenue, Suite 200, Greeley, Colorado 80631) and the Water Commissioner (Fred Renner, 418 West 12`" Sireet, Loveland, Colorado 80537, (970) 669- 2026) on a monthly basis or other interval acceptable to both of them. The accounting form provided with your application is subject to modification and approval by the Division Engineer. All amounts shall be in acre-feet, except concrete botching which shall be in cubic yard, and mined product, which shall be in tons.