Laserfiche WebLink
Mr. Richard T. Raines <br />Greeley West Pit SWSP (M-77-081) <br />January 6, 2009 <br />Page 4 <br />7. All releases of replacement water must be sufficient to cover all out-of-priority depletions in <br />time, place, and amount and must be made under the direction and/or the approval of the <br />water commissioner. The release of replacement water may be aggregated to maximize <br />beneficial use. The water commissioner and/or the division engineer shall determine the rate <br />and timing of an aggregated release. <br />8. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity during the term of this approval. As a condition of subsequent renewals of this <br />substitute water supply plan, the replacement water must be appurtenant to this site until a <br />plan for augmentation is obtained. A copy of this approval letter should be recorded with the <br />County Clerk and Recorder. All replacement water must be concurrent with depletions in <br />quantity, timing and location. <br />9. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to <br />the division engineer and the water commissioner. <br />10. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form is subject to modification and approval by <br />the division engineer. All amounts shall be in acre-feet. <br />11. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this plan. <br />Should this supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of ground water must cease immediately. <br />12. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three years prior to the completion of mining to include, but not be <br />limited to, long-term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an effect <br />on stream flow. Granting of this plan does not imply approval by this office of any such court <br />application(s). <br />13. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and <br />Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />such, water quality data or analysis may be requested at any time to determine if the water <br />quality is appropriate for downstream water users. <br />14. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any pending <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />involving other plans, or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant.