2003-07-17_REVISION - M1977534

• Permit No: M1977534
• IBM Index Class Name: REVISION
• Doc Date: 7/17/2003
• Doc Name: Response to Comments from SEO
• From: Porzak Browning & Bushong
• To: DMG
• Type & Sequence: AM1
• Media Type: D
• Archive: No

07/06/03 SUN 16:43 FAR 303 761 2802 W VY VYheelel• f>>.j 004
Mr. Gary B, Thompson
Empire Pit, M-77-534
May 28, 2003
9. Adequaie accounting of diversion and replacement must be provided to the
Division Engineer (810 9th Street, Suite 200, Greeley, Colorado 80631) and the
Water Commissioner (Gray Samenfink, 2701 WCR 10, Erie, Colorado 80510,
[phone]) 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.
10. 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 submitted to the Division Engineer and Water
Commissioner.
11. This substitute water supply plan maybe 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 this plan.
12. If reclamation of the mine site produces a permanent water surface exposing
groundwater to evaporation, an application for a plan for augmentation must be
filed with the Division 1 W ater Court at least three years prior to the completion
of mining to include, but not be limited to, long-teen evaporation losses. If a
lined pond results after reclamation, replacement of lagged depletions shall
continue until there is no longer an effect on stream flow. Granting of this plan
does not imply approval by this office of any such court application(s).
13. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bi1189-181
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 analysis may be requested at any time
to determine if the requirements of use of the senior appropriator are met.
14. Should this supply plan expire without renewal or be revoked prior to adjudication
of a permanent plan for augmentation, all use of ground water must cease
immediately.
Page 3
If you have any questions concerning this approval, please contact loans Comaniciu in
Denver at 866-3581, or Dave Nettles, Assistant Division Engineer, in Greeley at [phone].
i reI ,
William H. Froncza , P.E., J.D.
Chief of Water Suppty
cc: Dave Nettles, Assistant Division Engineer
Gray Samenfink, Water Commissioner