2006-05-16_HYDROLOGY - M2004078

• Permit No: M2004078
• IBM Index Class Name: HYDROLOGY
• Doc Date: 5/16/2006
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group and Leonard Rice Engineers, Inc.
• Permit Index Doc Type: Hydrology Report
• Media Type: D
• Archive: No

Michelle L. Austin and Daria Giron, P.E.
May 8, 2006
Page 4
8. The name, address and phone number of a contact person who will be responsible for the
operation and accounting of this plan must be provided on the accounting forms to the
Division Engineer and Water Commissioner.
9. 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 fagged
depletions from mining and dewatering shall continue until there is no longer an effect on
stream flow.
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.
11. 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.
12. Conveyance loss for delivery of augmentation water to the South Platte River is subject to
assessment and modification as determined by the division engineer.
13. Dewatering at this site will produce delayed depletions to the stream system. As tong as
the pit is continuously dewatered, the water returned to the stream system should be
adequate to offset the depletions. However, once dewatering at the site ceases the
delayed depletions must be addressed. At least three years prior to completion of
dewatering, a plan must be submitted that specifies how the post pumping dewatering
depletions will be replaced, in time, place and amount.
14. The replacement water that is the subject of this plan cannot be sold or leased to any
other entity. As a condition of subsequent renewals of this substitute water supply plan,
the replacement water must be appurtenant to this site until a plan for augmentation is
obtained. A copy of this approval letter should be recorded with the county clerk and
recorder. All replacement water must be concurrent with depletions in quantity, timing and
locations.
15. 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 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.
16. 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 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 this applicant. ~