2010-11-16_PERMIT FILE - C1996083A (26)

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J.E: Stover December 26, 2001 Bowie Mine No. 2 Pond J Substitute Supply Plan Page 2 .accordance with, the below conditions. This plan shall then be valid through December 31, 2002, unless otherwise revoked or modified. 2. Prior to the expiration date of this plan, an application must be filed with the Water Court for a permanent plan for augmentation for the uses allowed herein. Approval of this plan does not imply approval by this office of any such court application. 3. Provide the name, address and phone number of the person who will be responsible for the operation of the plan to this office, the Division Engineer, and the Water Commissioner (Bob Starr, PO Box 416, Hotchkiss, CO, 81419, telephone 970-856-3527) within 20 days of the receipt of this approval. 4. The use of water shall be limited to evaporation and pond filling. The surface area of the pond at the level of the outlet must not exceed 0.325 acres. Consumptive uses for pond evaporation losses must not exceed 0.86 acre-feet per year under this plan, and the dead storage capacity of the pond must not exceed 1.06 acre-feet. No additional uses of the water are allowed unless approved in writing by this office. 5. Replacement water is to be supplied by releases from East Beckwith No. 1 Reservoir. The replacement water will be released/delivered according to the schedule included in this plan (see attached Table A), subject to modification by the Division Engineer or Water Commissioner. If needed, replacement water for the first fill of the ponds will be released at the discretion of the Division Engineer or Water Commissioner (see Table B for pond replacement requirements). The replacement water used in this plan cannot be sold or leased to any other entity during the term of this approval. 6. Accounting reports are to be submitted to the Division Engineer and Water Commissioner on a monthly basis or other interval acceptable to both of them. The applicant shall also provide an annual report to the Division Engineer and Water Commissioner by November 15th, which summarizes diversions and • replacements made pursuant to this plan. Accounting forms are subject to modification and approval by the division engineer. Flowrates shall be reported in cfs, volumes shall be reported in acre-feet. 7. Adequate measuring devices shall be installed by the applicant as required by the Division Engineer for the operation of this plan. 8. In accordance with amendments to C.R.S. 25-8-202(7) and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether or not the substitute supply is of a quality to meet the 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 users. 9. This substitute water supply plan may be revoked or modified at any time if it is determined that injury to other vested water rights has or will occur as a result of the operation 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 diversions under this plan must cease immediately. - 1B: Plamrenewal requests must be-submitted-ta this office no-later than-November-15,-2002. - - - - - - - - - Should you have any questions or comments, please contact Craig Lis at this office. Sincerely, ~~-~ . ~~ Kenneth W. Knox Assistant State Engineer closures: Tables A and B K/CML/Bowie Mine No 2 Ponds J & K.doc cc: Wayne Schieldt, Division Engineer Bob Starr, Water Commissioner, District 40