2010-05-17_REVISION - M1996049 (7)

Home Browse Search

Mr. Gary D. Witt July 30, 2009 Page 6 24. All diversions shall be measured in a manner acceptable to the Division Engineer. The Applicant shall install adequate measuring devices as required by the Division Engineer for the operation of this plan 25. All deliveries of replacement water shall be measured in a manner acceptable to the Division Engineer. 26. All pumping for dust control shall be measured in a manner acceptable to the Division Engineer. 27. The 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 operations have ceased. 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 Water Court at least three (3) years prior to the completion of mining, to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions from mining and dewatering shall continue until there is no longer an effect on stream flow. 28. In accordance with amendments to Section §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 this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 29. The decision of the State Engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any pending water court case or any other legal action that may be initiated concerning this plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. 30. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. 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 Sinc Craig M Lis, P.E. Water Resources Engineer Enclosures: Table 2, Summary of Annual Consumptive Use Requirements Table 3, Historical Consumptive Use Table 4, Summary of Annual Replacement Water Requirements. cc: Alan Martellaro, Division Engineer Scott Hummer, Water Commissioner, WD 36 CIVIL: Maryland Creek SWSP 2009.doc