2009-02-04_HYDROLOGY - M1977439 - Laserfiche WebLink

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Mr. Richard T. Raines Page 5 January 28, 2009 commissioner, division engineer and the state engineer in a report dated July 13, 1990 as part of the documentation process. 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. If reclamation of the mine site 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. Lafarge West, Inc. has obtained a decreed storage right for the Home Office Pit and North Taft Hill Expansion Site in case no. 92CW157. An application for a storage water right at the Overland Ponds Site was also filed in case no. 2001 CW251 and is currently pending. Granting of this plan does not imply approval by this office of any such court application(s). 14. Overland Ponds Site Pit and Home Office Pit have been continuously dewatered. Dewatering at these sites 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, thus dewatering is required to continue during the term of this plan. Once dewatering at the sites cease, the delayed depletions must be addressed, including depletions resulting from the gradual refilling of the pit. At least three years prior to completion of dewatering at the Overland Ponds Site and Home Office Pit, a plan must be submitted that specifies how the post pumping dewatering depletions will be replaced, in time, place and amount. 15. If the dewatering of these sites 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 $1,984,000 for the Overland Ponds Site and $117,600 for the Home Office 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. To assure that depletions from groundwater evaporation at the North Taft Hill Expansion Site do not occur in the unforeseen event, or events, that would lead to the abandonment of the pit, a bond for $470,124 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. 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. 18. 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 a defense in any pending water court case or any other legal action that may be initiated concerning this 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