2008-06-24_HYDROLOGY - M1979191 - Laserfiche WebLink

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Mr. Richard Raines June 17, 2008 Middle Poudre Combined Plan - Lafarge West, Inc. Page 8 of 9 12. 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 supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately. 13. Lafarge, West, Inc. filed for a plan for augmentation for the Port of Entry Pit site in case no. 2004CW111 and filed for a plan for augmentation for the VVeizel Pit site in case no. 2002CW205. Lafarge is required to operate the Port of Entry Pit site and the Weizel Pit site under an SWSP until such time as a decree is entered in case nos. 2004CW111 and 2002CW205. If reclamation of the mines at the Three Bells Pit, Kyger Pit, and Greeley 35th Avenue Pit sites 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 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 a position by our office on any litigation associated with case nos. 2004CW111 or 2002CW205, or any other case. 14. Dewatering at the Kyger Pit, Three Bells Pit and Greeley 35th Avenue Pit will produce delayed depletions to the stream system. As long as the pits are continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the sites cease, the delayed depletions must be addressed. A plan that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount along with the evaporation from groundwater exposed at the sites after the dewatering stops was presented in the proposed plan. 15. If dewatering of the Kyger Pit, Three Bells Pit or Greeley 35th Avenue Pit is discontinued, the pits would fill creating additional depletions to the stream system due to increased evaporation. To assure that additional depletions to the river do not occur, a bond for $717,000 for the Kyger Pit, $60,000 for the Three Bells Pit, and $78,727 for Greeley 35th Avenue Pit through DRMS for lining or backfilling of the lakes has been obtained. Therefore, if the dewatering is discontinued, these bonds can finance the completion of the lining of these pits or the backfilling, thus preventing depletions to the stream system. 16. In the previous plan approved on January 26, 2007, the Applicant was advised that adequate measuring devices acceptable to the water commissioner must be installed at the Boyd and Freeman Ditch headgate in order for the Applicant to claim credit for this water. Before Applicant can claim credit for their shares of the Boyd and Freeman Ditch changed in this plan, the Applicant is required to demonstrate to the satisfaction of the water commissioner that adequate 'measuring devices have been installed at the ditch headgate. The water attributable to the applicant's Boyd and Freeman Ditch shares must continue to be diverted in-priority at the ditch headgate and then measured back to the Cache la Poudre. 17. 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.