2009-12-15_HYDROLOGY - M1981022 - Laserfiche WebLink

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Ms. Sira W. Sartori Page 3 G.L. Pit Substitute Water Supply Plan (DRMS# M -81 -022) December, 15 2009 water may be used must first be approved by this office. 5. All releases of replacement water must be sufficient to cover all out -of- priority depletions in time, place,. and amount and must be made under the direction and /or the approval of the water commissioner. The release of replacement water may be aggregated to maximize beneficial use. The water commissioner and /or the division engineer shall determine the rate and timing of an aggregated release. 6. The replacement water that 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 the groundwater pond has been completely backfilled and the lagged depletions to the stream system have ceased. 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 locations. 7. 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. 8. 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. 9. 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. 10. Connell Resource, Inc. has amended their DRMS permit to account for the gradual backfilling of the site. Replacement of lagged depletions must continue until there is no longer an effect on stream flow. Approval of this substitute water supply plan does not relieve the Applicant and /or the landowner of the requirement to obtain a water court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long -term evaporation losses and lagged depletions after gravel mining has ceased. Renewal of this plan is contingent on the Applicant demonstrating that the backfilling of the site has continued or contingent upon the Applicant filing an application for a plan for augmentation with the Division 1 Water Court that includes long -term evaporation losses at the G. L. Pit site. 10. To assure that depletions from groundwater evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the pit, a bond for $148,500.00 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. 11. 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.