2010-08-26_HYDROLOGY - M1978210

• Permit No: M1978210
• IBM Index Class Name: HYDROLOGY
• Doc Date: 8/26/2010
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Clear Water Solutions, Inc.
• Permit Index Doc Type: Hydrology Report
• Email Name: MAC
• Media Type: D
• Archive: No

DEPARTMENT OF NATURAL RESOURCES (Yl A-C
DIVISION OF WATER RESOURCES
Ms. Michelle L. Hatcher
Clear Water Solutions, Inc.
8010 S. County Road 5, Suite 105
Windsor, Co 80528
August 24, 2010
Bill Ritter, Jr.
Governor
Mike King
ve Dirnctor
Executi
Dick Wolfe, P.S.
Director/State Engineer
RE: Substituteter Supply Plan, Geisert Pit (WDID 0302536)
DRMS No. 78-210
Section 31, T6N, R65W, 6th P.M.
Water Division 1, Water District 3
Approval Period: April 1, 2010 through March 31, 2011
Contact Phone Number for Ms. Hatcher.- 970-631-6070
Dear Ms. Hatcher:
We have reviewed your letter of January 29, 2010, requesting renewal of the above referenced
substitute water supply plan to cover depletions caused by an existing mining operation. The required fee of
$257.00 for the renewal of this substitute supply plan has been submitted (receipt no. 3644481). The
original supply plan was approved on March 25, 1994 and it was most recently renewed on March 27, 2009.
Plan Operation
This plan seeks to replace depletions resulting from the mining operation at the Geisert gravel pit
(WDID 0303030), operated by Weld County ("County"). The County operates this site to produce
aggregate for road base and public works construction projects. Depletions from the mining operation
during this SWSP period result from evaporation from the exposed ground water, water lost with the
mined product, dust control, and water removed by the "first fill". No dewatering is provided or sought
under this plan. The proposed replacement source is fully consumable water leased from the City of
Greeley ("Greeley").
Depletions
The County has completed mining in all the cells except the southeastern cell of the mining site.
At build-out, the southeastern cell will expose 14.8 acres. The County continues to mine the remaining
cell deeper. The gravel reserve is approximately 50 feet deep. During the period of this plan, the County
anticipates the total exposed surface area in this cell will be approximately 13.1 acres therefore the total
exposed surface area at this site will be 44.7 acres. According to the information submitted, 4.1 acres of
water surface was exposed within the reclamation permit boundary prior to January 1, 1981. Based on the
Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative depletions is not
required for ground water exposed to the atmosphere prior to January 1, 1981 through open mining of sand
and gravel, regardless of whether open mining operations continued or were reactivated on or after that date.
The Water Court effectively held that Senate Bill 120 of 1989, as amended in Senate Bill 93-260, exempted all
pre-1981 exposed ground water regardless of whether open mining operations continued or were reactivated
on or after January 1, 1981. Accordingly, for the 44.7 acres (4.1 acres exposed prior to January 1, 1981 and
40.6 exposed after December 31, 1980) of ground water currently exposed at the Geisert Pit, replacement of
evaporative depletions is only requiipd from the 40.6 acres exposed after December 31, 1980.
, f Y" Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: [phone] • Fax: [phone]
www.water.state.co.us. - -
01 rO 2
[Mining and Sately