GENERAL30387

• Permit No: M1979097
• IBM Index Class Name: General Documents
• Doc Date: 9/27/2004
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group Inc.
• Media Type: D
• Archive: No

Mr. Richard T. Raines
East Rigden Pit Substitute W ater Supply Plan (M-79-097)
September 22, 2004
Page 3
10. Dewatering at this site will produce delayed depletions to the stream system. As long as the
pit is continuously dewatered, the water returned to the stream system should be adequate
to offset the depletions. However, once dewatering at the site ceases the delayed
depletions must be addressed. At least three years priorto completion of dewatering, a plan
must be submitted that specifies how the post pumping dewatering depletions will be
replaced, in time, place and amount.
11. The approval of this substitute water supply plan does not relieve the Applicant and/or the
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 from mining and
dewatering shall continue until there is no longer an effect on stream flow.
12. In accordance with amendments to §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 if this
substitute water supply plan is of a quality to meet requirements of use to which the senior
appropriation receiving the substitute supply has normally been put. As such, water quality
data or analyses maybe requested at any time to determine if the requirement of use of the
senior appropriator is met.
13. The decision of the State Engineer shall have no precedential or evidentiaryforce, 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 shali 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.
If you have any questions concerning this approval, please contact Joanna Williams in
Denver at [phone] or Dave Nettles in Greeley at [phone].
Sincerely,
~~~n~~~~
Kevin G. Rein
Water Resource Engineer
cc: Dave Nettles, Assistant Division Engineer
George Varra, Water Ccmmissioner, Water District 3
Division of Minerals and Geology