2006-06-05_REVISION - M1982015 ‎(4)‎

• Permit No: M1982015
• IBM Index Class Name: Revision
• Doc Date: 6/5/2006
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group Inc
• Type & Sequence: AM1
• Media Type: D
• Archive: No

Mr. Donald E. Frick
May 31, 2006
Page 3
so warrant after a hearing in accordance with the procedural rules in 2CCR402-5. The
hearing will 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 the 600-foot spacing, or any other
legitimate reason, approval of this amendment will be canceled.
3. The total area of exposed pond surface in 2006 shall not exceed 109.4 acres and total
consumptive use shall not exceed 280.02 acre-feet due to evaporative losses. Should
the total consumption at the pit exceed these amounts prior to the expiration date of this
plan, an amendment needs to be filed with this office.
4. Approval of this plan is for the purposes as stated herein. Any additional uses of this
water must first be approved by this office.
5. The Water Commissioner responsible for the administration of this plan is Mr. Scott
Edgar, 1735 Dolores River Drive, Windsor, CO 80550, phone number [phone].
The applicant shall maintain daily records of all diversions, replacements, and the
amount of water used for each particular purpose. The applicant shall provide a report of
these records to the division engineer and the water commissioner on a monthly basis
on a form approved by them. The accounting must be submitted within thirty (30)
calendar days of the end of the month for which the accounting is being made.
6. The Applicant shall follow the accounting protocol as referenced in the attached
document for the operation of this SWSP.
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.
8. 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
and/or division engineer shall determine the rate and timing of an aggregated release.
9. 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.
10. 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. If a lined pond results after
reclamation, replacement of lagged depletions shall continue until there is no longer an
effect on stream flow,