2003-11-10_REVISION - M1978056

• Permit No: M1978056
• IBM Index Class Name: Revision
• Doc Date: 11/10/2003
• Doc Name: Exhibits E to L
• From: Varra Companies, Inc.
• To: DMG
• Type & Sequence: AM1
• Media Type: D
• Archive: No

Ms. Cheryl Signs
Durham Pit M1978-056
July 10, 2003
Page 4
10. The name, address, and phone number of a contact person who will be responsible for
the operation and accounting of this plan must be provided on the accounting forms to
the division engineer and water commissioner.
11. 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 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.
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.
13. 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.
14. 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 if the
substitute supply is of a quality to meet requirements of use to which the senior
appropriation receiving the substituted supply has normally been put. As such, water
quality data or analyses may be requested at any time to determine if the requirements of
use of the senior appropriator are met.
15. The dry year analysis required by this office for a permanent plan for augmentation may
vary from the analysis approved in this substitute water supply plan. This substitute
water supply plan shall have no precedential or evidentiary force, and does not constitute
an admission or statement of position in any other proceeding. This plan shall not be
concurrence with any findings of fact or conclusions of law contained herein, or with the
engineering methodologies used by the Applicant.
Please contact loana Comaniciu in Denver at [phone], or Dave Nettles in
Greeley at [phone], if you have any questions concerning this approval.
Si cerely,
William H. Fronczak, P.E., J.D.
Chief of Water Supply
cc: Dave Nettles, Assistant Division Engineer
George Van'a, Water Commissioner District 3
Division of Mineral and Geology