2012-04-18_HYDROLOGY - M1999069 - Laserfiche WebLink

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Todd Williams Wagner /Kaufmann # 3 SWSP April 4, 2012 Page 4 9. The name, address and phone number of the contact person who will be responsible for the operation and accounting of this plan must be provided with the accounting form to the division engineer and water commissioner. 10. Adequate accounting of depletions and replacements must be provided to the division engineer in Greeley (Div1Accountinq ac state.co.us) and the water commissioner (Jason Smith at Jason.Smith2astate.co.us) on a monthly basis. Submitted accounting shall conform to the Administration Protocol `Augmentation Plan Accounting, Division One — South Platte River" (attached). 11. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result 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 excavation of product from below the ground water table and all other use of water at the pit must cease immediately. 12. In accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. Jake Kauffman and Son, Inc holds a bond in the amount of $570,000 to cover the cost of lining and reclamation activities. This bond is required to be in place until the two liners are approved by the State Engineer's Office and until DRMS authorizes their release, or a partial release. 13. The approval of this substitute water supply plan does not relieve the Applicant and /or the landowner of the requirement to obtain a water court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long -term evaporation losses and lagged depletions after gravel mining has ceased. If reclamation of the mine site produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long -term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan does not imply approval by this office of any such court application(s). 14. In accordance with amendments to §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 the substitute supply is of a quality to meet requirements of use to which the senior appropriation receiving the substituted supply has normally been put. As such, water quality data or analysis may be requested at any time to determine if the requirements of use of the senior appropriator are met. 17. 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 pending water court case or any other legal action that may be initiated concerning this plan. 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.