2012-03-30_HYDROLOGY - M2008006 - Laserfiche WebLink

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Mr. Jared Dains SerFer SWSP March 30, 2012 lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 14. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. However, once dewatering at the site ceases or is reduced in volume, the delayed depletions must be addressed. At least three years prior to completion of dewatering at the SerFer Pit a plan must be submitted that specifies how the post pumping dewatering depletions will be replaced, in time, place and amount. 15. Dewatering shall not be discontinued without an amendment to this SWSP detailing how the additional depletions to the stream system will be replaced. To assure that additional depletions to the river do not occur, the Applicant has obtained a bond through DRMS in 2008 for $328,445 which includes lining or backfilling the SerFer pit. The Applicant is required to maintain this bond until the pit is adequately lined or backfilled, and all lagged stream depletions have been replaced. Documentation that this bond is sufficient to cover the reclamation plan, in light of the April 30, 2010 letter, has not been provided to our office. Future SWSP renewals may limit the annual amount of ground water to be appropriated to not exceed the amount approved herein until compliance with the DRMS letter is documented, or if DRMS specifically finds the existing bond is insufficient. 16. 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 SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of the product from below the water table, and all other use of water at the pit, must cease immediately. 17. 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. 18. 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 water court case or any other legal action that may be initiated concerning the SWSP. 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. If you have any questions concerning this approval, please contact Jonathan Hernandez in Greeley at (970) 352 -8712 or Joanna Williams in Denver at (303) 866 -3581. Sin erely, Rein, P.E., ty State Engineer Attachments: Tables 1, 2, 3 April 2010 DRMS Letter Administration Protocol `Augmentation Plan Accounting, Division One — South Platte River" Page 4