Laserfiche WebLink
Mr. Richard T. Raines <br />January 4, 2008 <br />Page 3 <br />A monthly breakdown of the stream depletions from the mining operation as well as the <br />replacements made by lagged timing of the historic consumptive use credit is shown in the <br />attached Table 1. <br />I hereby approve this substitute water supply plan, in accordance with Section 37-90- <br />137(11), C.R.S., subject to the following conditions: <br />This plan is approved with the effective date of November 1, 2007 and shall be valid through <br />October 31, 2008 unless otherwise revoked or modified. If this plan will not be made absolute <br />by a water court action by the plan's expiration date, a renewal request must be submitted <br />to this office with the statutory fee (currently $257 for each mining site) no later than <br />September 15, 2008. <br />2. The total area of pond surface exposed after December 31, 1980 for each of the pits shall <br />not exceed those values listed in Table A of this approval. Should the total surface area <br />exposed exceed those amounts, an amendment will need to be filed with this office. <br />3. The total amount of ground water to be appropriated from each of the pits shall not exceed <br />the values listed in Table B of this approval. <br />4. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. Any future additional historic consumptive use credit <br />given (e.g., agricultural water transfer) for this site must consider all previous credits given. <br />5. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />6. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/or approval of the water commissioner. The <br />replacement may be aggregated to maximize beneficial use. The water commissioner <br />and/or division engineer shall determine the rate and timing of an aggregated release. <br />7. The replacement water, which is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter should be recorded with the county clerk and <br />recorder. All replacement water must be concurrent with depletions in quantity, timing, and <br />locations. <br />8. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to <br />the division engineer and the water commissioner. <br />9. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is subject <br />to modification and approval by the division engineer. All amounts shall be in acre-feet. <br />10. The amount and location of the dry-up of the irrigated acreage associated with the <br />applicant's 5.75 shares of the Taylor and Gill Ditch was documented and approved by the <br />division engineer and water commissioner. A map and legal description of the dry-up was <br />submitted to the water commissioner, division engineer and the state engineer in a report <br />dated July 13, 1990 as part of the documentation process. <br />