2009-11-04_HYDROLOGY - M1996060 - Laserfiche WebLink

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Mr. Andy Rodriguez November 4, 2009 Page 6 7. The replacement water, which is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the county clerk and recorder. All replacement water must be concurrent with depletions in quantity, timing, and location. , 8. The name, address, and phone number of the contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms submitted to the division engineer and the water commissioner. 9. Adequate accounting of depletions and replacement must be provided to the division engineer in Greeley and the water commissioner on a monthly basis or other interval acceptable to both of them. The accounting form provided with your application is subject to modification and approval by the division engineer. All amounts shall be in acre-feet. 10. If not previously documented, the amount and location of the dry-up of the irrigated acreage associated with the applicant's shares of the Whitney Ditch must be documented and approved by the division engineer and water commissioner before any consumptive use credits are available for use under this plan. A map and legal description of the dry-up must be submitted to the water commissioner, division engineer and the Office of the State Engineer as part of the documentation process. 11. 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. Granting of this plan does not imply approval by this office of any such court application(s). 12. Dewatering at the Firestein/Tigges/Roberts site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. Once dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to continue during the term of this approval. At least three years prior to completion of,, dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount. 13. As indicated in the Replacement section of this plan, the Applicant has proposed to use 11 shares of the Whitney Ditch and 6 shares of the Kern Reservoir to replace depletions from the mining operation. In addition to the 11 shares of the Whitney Ditch, the Applicant has also dedicated an additional 6 shares of the Whitney Ditch to be used to cover groundwater evaporation in the unforeseen event, or events that would lead to the abandonment of the pits. The maximum total mined area shall be limited to 124 acres so that the total interest in the Whitney Ditch would cover the annual evaporation from the pits, in the case of abandonment. This substitute water supply plan may be revoked at any time should it be determined that the 11 shares of the Whitney Ditch and the 6 shares of the Kern Reservoir will be insufficient to make replacements for the three sites. 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 whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such,