2012-05-21_HYDROLOGY - M1990106 - Laserfiche WebLink

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Angela Aldred, P.E. May 21, 2012 REPLACEMENT Page 2 Replacements will be provided by a 5 -year lease that commences on April 1, 2010 for 21 acre -feet annually of water that RBK has contracted with the Lower Arkansas Valley Water Conservancy District ( LAVWCD). The LAVWCD will provide up to 21 acre -feet of Larkspur Ditch water released from storage in Pueblo Reservoir and administered by AGUA. The mining operations have caused permanent ground water exposure and perpetual evaporation losses from the pit. In accordance with the April 30, 2010 letter from the Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must provide information to DRMS to demonstrate they can replace long term injurious stream depletions that result from mining related exposure of ground water. Accordingly, RBK has posted a bond with the Division of Reclamation, Mining, and Safety (DRMS) for $14,530, an amount sufficient to backfill up to 4.0 acres of excavation. RBK should explore options to provide permanent replacements and a decreed plan for augmentation. Until such plan for augmentation is decreed, RBK must continue to maintain the bond with DRMS. The State and Division Engineers have reviewed the plan and the adequacy of each source of water provided for use as augmentation water, including, where necessary, the historical consumptive use of each water right, and return flows from diversion of water imported into the Arkansas River Basin or other fully consumable waters proposed for use as augmentation water. In accordance with Section 25 -8- 207(7), C.R.S. and Senate Bill 89 -181 Rules and Regulations adopted on February 4, 1992, the State Engineer has determined that subject to the terms and conditions below, the replacement supply is of a quality to meet the requirements of use to senior appropriators. CONDITIONS OF APPROVAL I hereby approve the proposed substitute water supply plan in accordance with Section 37 -90- 137(11), C.R.S., subject to the following conditions: This current plan shall be valid through March 31, 2013 unless otherwise revoked or modified. 2. A request for renewal of this plan must be submitted with the statutory fee then in effect at least 90 days prior to the date of expiration (by January 1, 2013). 3. The water consumption associated with this mining operation must not exceed the evaporative loss of 14.06 acre -feet during the plan year. The water surface area may not exceed 4.0 acres. 4. Approval of this plan is for the purposes as stated herein. No mining, washing, or any other use of water is authorized unless an amendment to this plan is approved.