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Mr. Andy Rodriguez, P.E Page 5 of 5
<br />Shores SWSP
<br />January 26, 2012
<br />12. Dewatering at this site will produce delayed depletions to the stream system. As long as
<br />the pit is continuously dewatered, the water returned to the stream system should be
<br />adequate to offset the depletions attributable to the dewatering operation. If dewatering at
<br />the site ceases, the delayed depletions must be addressed. At least three years prior to
<br />completion of dewatering, a plan must be submitted that specifies how the post pumping
<br />dewatering depletions (including refilling of the pit) will be replaced, in time, place and
<br />amount. Future SWSPs will not be approved until all dewatering discharges are
<br />properly metered regardless if accretion credits are sought.
<br />13. To assure that depletions from groundwater evaporation do not occur in the unforeseen
<br />event, or events, that would lead to the abandonment of the pit, a bond for $1,045,840
<br />through DRMS for reclamation of the pit has been obtained. Therefore, in case of
<br />abandonment the bond can finance the completion of the lining of the pit or the
<br />backfilling, thus preventing depletions to the stream system.
<br />14. This substitute water supply plan may be revoked or modified at any time should it be
<br />determined that injury to other water rights has or will occur as a result of this plan.
<br />Should this substitute water supply plan expire without renewal or be revoked prior to
<br />adjudication of a permanent plan for augmentation, all excavation of product from below
<br />the water table, and all other use of water at the pit, must cease immediately.
<br />15. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules
<br />and Regulations adopted on February 4, 1992, the state engineer shall determine
<br />whether the substitute supply is of a quality to meet requirements of use to senior
<br />appropriators. As such, water quality data or analysis may be requested at any time to
<br />determine if the water quality is appropriate for downstream water users.
<br />16. The decision of the state engineer shall have no precedential or evidentiary force, shall
<br />not create any presumptions, shift the burden of proof, or serve as a defense in any
<br />water court case or any other legal action that may be initiated concerning the substitute
<br />water supply plan. This decision shall not bind the State Engineer to act in a similar
<br />manner in any other applications involving other plans or in any proposed renewal of this
<br />plan, and shall not imply concurrence with any findings of fact or conclusions of law
<br />contained herein, or with the engineering methodologies used by the Applicant.
<br />Should you have any questions, please contact Joanna Williams of this office or Jonathan
<br />Hernandez of our Division office in Greeley at (970) 352 -0742.
<br />Si cerely,
<br />G. Rein, P.E.
<br />ty State Engineer
<br />Attachments: Figure 1
<br />Tables 1, 2, 4,5, and 7
<br />Administration Protocol "Augmentation Plan Accounting, Division One — South Platte River"
<br />cc: Jonathan Hernandez, Water Resource Engineer, Div1Accountinqstate.co.us
<br />810 9 Avenue, Suite 200, Greeley, Colorado 80631, (970)- 352 -8712
<br />Shera Sumerford, Water Commissioner District 5, Shera.Sumerfordstate.co.us
<br />1417 25 Avenue, Greeley, CO 80634, (303) 775 -0840
<br />Division of Reclamation, Mining and Safety
<br />KGR/jmh: Shores Pit Approval Letter_2012.docx
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