2008-02-28_HYDROLOGY - M1978210

• Permit No: M1978210
• IBM Index Class Name: HYDROLOGY
• Doc Date: 2/28/2008
• Doc Name: Substitute water supply plan
• From: DWR
• To: Clear Water Solutons, Inc.
• Media Type: D
• Archive: No

~_ ~ .,,
Ms. Rachel Kullman, P.E.
February 21, 2008
Page 3
10. 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. Should this plan expire
without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of
ground water must cease immediately.
11. If reclamation of the mine site produces 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. Granting of this plan does not imply approval
by this office of any such court application(s).
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 whether the substitute
supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data
or analysis may be requested at any time to determine if the water quality is appropriate for
downstream water users.
13. 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 pending water court case or any
other legal action that may be initiated concerning this 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 loana Comaniciu in Denver at [phone], or Dave Nettles in Greeley at (970) 352-
8712, if you have any questions concerning this approval.
Sincerely,
Jeff Deatherage, P.E.
Water Resource Engineer
Attachments: Table I
City of Greeley Lease
Cc: Dave Nettles, Assistant Division Engineer, 810 9~h Avenue, Suite 200, Greeley, Colorado 80631,
(970)-352-8712
George Varra, Water Commissioner, Water District 3, 1400 Hwy 287 N, Fort Collins, Colorado 80524,
[phone])
Division of Reclamation Mining and Safety
JD/IC-Geisert Pit SWSP (08)