2007-11-15_HYDROLOGY - M2003091 - Laserfiche WebLink

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Michelle L. Hatcher November 9, 2007 Page 2 2. There shall. be no ground water exposed or depletions due to mining at the Duckworth Pit, during this plan period. Prior to the Applicant exposing water at the site an amendment to this SWSP must be obtained. 3. 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. 4. The Water Commissioner responsible for the administration of this plan is Mr. Bob Carlson, P.O. Box 380, Erie, CO 80516, phone no. (303) 438-9303. 5. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. 6. The Applicant shall install and maintain measuring devices as required by the division engineer for operation of this SWSP. 7. 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. 8. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. 9. 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.