2008-10-27_HYDROLOGY - M1999006 - Laserfiche WebLink

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Cheryl Signs, P.E. Kurtz Pit, DRMS-1999-006 Page 3 1. This plan is approved with the effective date of November 1, 2008 and shall be valid through October 31, 2009 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee of $257 no later than September 15, 2009. 2. Well permit no. 52945-F, was obtained for the current use and exposed pond surface area of the gravel pit pond in accordance with §37-90-137(2) and (11), C.R.S. However if the dewatering ceases and the exposed surface area will exceed the exposed surface area identified in well permit no. 52945-F, a new well permit must be obtained in accordance with § 37-90-137(2) and (11), C.R.S. The provisions of § 37-90-137(2), C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2 CCR 402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute water supply plan will be cancelled. 3. The total surface area of the groundwater exposed at the Kurtz site must not exceed 76 acres (if dewatering ceases), which results in a maximum evaporative annual loss of 214.32 acre-feet. 4. The annual water used for dust control at the Kurtz Pit shall not exceed 3.36 acre-feet and the total product mined at the Kurtz Pit site shall not exceed 700,000 tons per year, which results in 20.60 acre-feet of water lost with the mined aggregate. 5. Total consumption at the Kurtz Pit must not exceed these aforementioned amounts unless an amendment is made to this plan. 6. Approval of this plan is for the purposes as stated herein. This office must first approve any additional uses for the water. Any future additional historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 7. All pumping for dust control shall be measured in a manner acceptable to the division engineer. 8. The water attributable to 3 shares of the Last Chance Ditch must continue to be diverted in priority at the ditch and reservoir then measured back to the Saint Wain Creek in the vicinity of the Kurtz Pit. Adequate measuring devices acceptable to the water commissioner must be installed. 9. The Applicant is required to maintain the historical return flow obligations that are associated with the use of the 1.9627 shares of Last Chance Ditch water used for replacement purposes in this plan. 10. 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. 11. Adequate accounting of depletions and replacements must be provided to the division engineer and water commissioner on a monthly basis or other interval acceptable to both of them. The accounting provided with your application is subject to modification and approval by the division engineer. All amounts shall be in acre-feet. 12. The name, mailing address, and phone number of the contact person who will be responsible, for operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner.