2008-01-11_HYDROLOGY - M1980244

• Permit No: M1980244
• IBM Index Class Name: HYDROLOGY
• Doc Date: 1/11/2008
• Doc Name: Amended substitute water supply plan
• From: DWR
• To: Vranesh and Raisch LLP
• Media Type: D
• Archive: No

,,
Lisa C. Ledet
January 9, 2008
Page 3
water treatment plant on Bull Hill. Wilson Gulch deliveries are considered to percolate into the
Diatreme and reach Fourmile Creek via the immediately underlying Carlton Tunnel within the
month. Delivery of replacement water to the Fourmile drainage shall be made so as to match
the amount and timing of calculated depletions.
There wilt be no deliveries to the Beaver Creek drainage.
CONDITIONS OF APPROVAL
This plan is hereby approved pursuant to Section 37-92-308(4) C.R.S. and the following
conditions:
1. This plan shall be valid through December 31, 2008, unless otherwise revoked or
modified.
2. Pumping from the underdrain pump back system must be measured in a manner
acceptable to the Division Engineer.
3. Accounting of water in this plan, including surface areas of all zero-discharge areas
within each drainage zone, identification of all ponds containing water and number of
days each pond contains water, pumping from the pump back system, stream
depletions, and replacement water deliveries must be provided to the Water
Commissioner ([e-mail]) and Division Engineer
([e-mail]) on forms and at times acceptable to them. Said
accounting must be received by the 10t" of the month following the month being
reported. The name, mailing address, and phone number of the contact person who is
responsible for operation and accounting of this plan must be provided on the
accounting forms. The Division Engineer may require that any or all measuring devices
associated with the pump back system and replacement deliveries be verified for
accuracy by an independent meter tester.
4. This 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 the operation of this plan.
5. Pursuant to C.R.S. 37-92-308(4)(b), "if an applicant requests a renewal of a plan that
would extend the plan past five years from the initial date of approval, the applicant shall
demonstrate to the water judge in the applicable water division that the delay in
obtaining a water court decree is justifiable and that not being able to continue operating
under a substitute water supply plan, until a decree is entered, will cause undue
hardship to the applicant." This information must be submitted with any SWSP request
that seeks a plan approval period that would extend beyond December 31, 2008.
Additional SWSPs are required until a court decreed plan for augmentation is obtained
for the proposed uses. Should an additional SWSP be requested, the provisions of CRS
37-92-308(4) shall apply. The statutory fee of $300 will be required pursuant to CRS 37-
92-308(8). Any request for an additional SWSP must be submitted to this office no later
than 90 days prior to the above expiration date.
6. The decision of the State Engineer shall not create any presumptions, shift the burden of
proof, or serve as a defense in the pending water court case or any other legal action
that may be initiated concerning the substitute water supply plan. This decision shall not