PERMFILE116672

• Permit No: M2004051
• IBM Index Class Name: Permit File
• Doc Date: 2/19/2004
• Doc Name: Substitute Water Supply Plan Approval
• From: OSE
• To: Applegate Group Inc.
• Media Type: D
• Archive: No

Mr. Donald Frick
2004
Page 4
February 18,
permanent plan for augmentation or mitigation to ensure the permanent
replacement of all depletions, including long-term evaporation losses 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. If a lined pond results after reclamation, replacement of
lagged depletions shall continue until there is no longer an effect on stream flow.
16. This substitute water supply plan may be 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.
17. 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.
18. In accordance with amendments to §25-5-202(7), C.R.S., and Senate Bill 89-181
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 analyses may be requested at any time to
determine if the requirements of use of the senior appropriator are met.
19. 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.
Please contact Joanna Williams in Denver at [phone], or Scott Cuthbertson
in Greeley at [phone], if you have any questions concerning this appro
incer~
William H. Fr k, P.E., J.D.
Chief of Wat Supply
Attachments:
cc: Scott Cuthbertson, Assistant Division Engineer
Robert Stahl, Water Commissioner District 2
Mark McLean, Tetra Tech RMC, Inc.
Division of Minerals and Geology