Laserfiche WebLink
Peter Foster <br />May 20, 2009 <br />Page 4 <br />13. The name, address and phone number of a contact person who will be responsible <br />for the operation and accounting of this plan must be provided on the accounting <br />forms to the Division Engineer and Water Commissioner. <br />14. The UVWUA shares owned by Western Gravel shall remain dedicated to this site <br />for augmentation in the event that the operator and/or landowner fail to obtain a <br />water court decreed plan for augmentation sufficient to replace depletions from the <br />exposed ground water surface in the pit. <br />15. In accordance with amendments to §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 <br />determine if the substitute supply is of a quality to meet requirements of use to <br />which the senior appropriation receiving the substituted supply has normally been <br />put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirements of use of the senior appropriator are met. <br />16. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as defense in <br />any water court case or any other legal action that may be initiated concerning the <br />substitute water supply plan. This decision shall not bind the State Engineer to act <br />in a similar manner in any other applications involving other plans or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of <br />fact or conclusions of law contained herein, or with the engineering methodologies <br />used by this applicant. <br />Please contact Cynthia Love in Denver at (303) 866-3581, or Wayne Schieldt in <br />Montrose at (970) 249-6622, if you have any questions concerning this approval. <br />Sincerely, <br />Dick Wolfe <br />State Engineer <br />Attachments: Table 2, Table 3 & Appendix A amended Wright Water Engineers Olathe Pit <br />SWSP <br />cc: Wayne Schieldt, Division Engineer <br />Scott King, Water Commissioner, District 41 <br />Mark McLean, Deere & Ault Consultants, Inc. <br />Tom Schreiner, Division of Minerals and Geology