2008-05-14_HYDROLOGY - M1996052 - Laserfiche WebLink

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Mr. Jeffery A. Clark May 14, 2008 Page 3 6. The water attributable to 0.1 shares of the Last Chance Ditch must continue to be diverted in-priority at the ditch then measured back to the Saint Vrain Creek in the vicinity of the Del Camino Pit. Adequate measuring devices acceptable to the water commissioner must be installed. 7. The replacement water which 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. Alt replacement water must be concurrent with depletions in quantity, timing and locations. 8. The name, address and phone number of the contact person who will be responsible for the operation and accounting of this plan must be provided with the accounting form to the division engineer and water commissioner. 9. Adequate accounting of depletions and replacement must be provided to the division engineer in Greeley and the water commissioner on a monthly basis or other interval acceptable to both of them. The accounting form provided with your application is subject to modification and approval by the division engineer. All amounts shall be in acre-feet. 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 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. 11. The approval of this substitute water supply plan does not relieve the Applicant and/or 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 by the expiration date of this plan. Renewal of this plan will not be approved unless an application for a plan for augmentation is filed with the Division 1 Water Court by February 28,.2009 to include, but not limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 12. To assure that depletions from groundwater evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the pit, a bond for $131,200.00 through DRMS for lining or backfilling of the pit has been obtained. Therefore, in case of abandonment, the bond can finance the completion of the lining of the pit or the backfilling, thus preventing depletions to the stream system. .