Laserfiche WebLink
Mr. Pete Foster <br />May 1, 2009 <br />Page 4 <br />8. The approval of this substitute water supply plan does not relieve the applicant and/or the <br />landowner of the requirement to obtain a Water Court decree approving a permanent plan <br />for augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and lagged depletions after gravel mining operations <br />have ceased. If reclamation of the mine site will produce a permanent water surface <br />exposing groundwater to evaporation, an application for a plan for augmentation must be <br />filed with the Division 7 Water Court at least three (3) years prior to the completion of mining, <br />to include, but not be limited to, long-term evaporation losses and lagged depletions. <br />9. The dewatering will produce delayed depletions to the stream system. The dewatering <br />water flows into Bayfield Pit No. 1, which flows into Bayfield Pit No. 2, which has an overflow <br />into the Pine River upstream of the Pine River Canal. The overflow structure keeps the <br />ponds at a steady state; therefore the dewatering water is effectively immediately <br />discharged to Pine River. However, before dewatering stops, a plan must be submitted that <br />specifies how the post pumping dewatering depletions will be replaced, in time, place and <br />amount. <br />10. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />11. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br />whether or not the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />12. 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 the pending <br />water court case or any other legal action that may be initiated concerning the SWSP. This <br />decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other SWSPs or in any proposed renewal of the SWSP, and shall not <br />imply concurrence with any findings of fact or conclusions of law contained herein, or with <br />the engineering methodologies used by the Applicant. <br />Acceptance of these conditions shall be assumed unless a letter to the contrary is <br />received by this office, the Division Engineer (Rege Leach, 160 Rockpoint Dr., Ste. E, Durango, <br />CO 81301), and the Water Commissioner (Mr. David Hofmann, Rockpoint Dr., Ste. E, Durango, <br />CO 81301) within two weeks of your receipt of this letter. Should you have any questions, <br />please contact Heidi Frey of this office or Rege Leach, Division Engineer, in Durango at (970) <br />247-1845. <br />Sincerely, <br />16 <br />Kevin G. Rein <br />Assistant State Engineer