Laserfiche WebLink
Mr. Rob Laird Page 4 of 5 <br />November 16, 2011 <br />10. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <br />11. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be <br />filed with the Division 1 Water Court to include, but not be limited to, long -term <br />evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no <br />longer an effect on stream flow. Granting of this plan does not imply approval by <br />this office of any such court application(s). Any future SWSP request must <br />specify the work done towards backfilling the site and identify the future plans to <br />eliminate evaporative depletions, such as continued backfilling or lining of the <br />site. <br />12. This substitute water supply plan may be revoked or modified at any time should <br />it be determined that injury to other water rights has or will occur as a result of <br />this plan. Should this substitute water supply plan expire without renewal or be <br />revoked prior to adjudication of a permanent plan for augmentation, all <br />excavation of product from below the water table, and all other use of water at <br />the pit, must cease immediately. <br />13. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and Senate <br />Bill 89 -181 Rules and Regulations adopted on February 4, 1992, the State <br />Engineer shall determine if this substitute water supply plan is of a quality to <br />meet requirements of use to which the senior appropriation receiving the <br />substitute supply has normally been put. As such, water quality data or analyses <br />may be requested at any time to determine if the requirement of use of the senior <br />appropriator is met. <br />14. The decision of the state engineer shall have no precedential or evidentiary <br />force, shall not create any presumptions, shift the burden of proof, or serve as a <br />defense in any pending water court case or any other legal action that may be <br />initiated concerning this plan. This decision shall not bind the state engineer to <br />act in a similar manner in any other applications involving other plans, or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings <br />of fact or conclusions of law contained herein, or with the engineering <br />methodologies used by the Applicant. <br />Please contact Sarah Brucker in Denver at (303) 866 -3581, or Jonathan Hernandez in <br />Greeley at (970) 352 -8712, if you have any questions concerning this approval. <br />Sincerely, <br />Attachments: Tables AI.1 — AI.7 <br />City of Aurora lease and modifications <br />Accounting protocol <br />G. Rein, P.E. <br />uty State Engineer <br />kD <br />