2012-07-16_HYDROLOGY - M2011001

• Permit No: M2011001
• IBM Index Class Name: Hydrology
• Doc Date: 7/16/2012
• Doc Name: COMBINED SUBSTITUTE WATTER SUPPLY PLAN
• From: DWR
• To: BISHOP-BROGDEN ASSOCIATES
• Email Name: PSH
• Media Type: D
• Archive: No

Ms. Kristina Wynne
Greeley 35th Ave /Iverson Combined SWSP
July 16, 2012
Page 7
adequate to offset the depletions attributable to the dewatering operation. Once
dewatering at the site ceases, the delayed depletions must be addressed. Accordingly,
dewatering is required to continue during the term of this approval. At least three years
prior to completion of dewatering, a plan must be submitted that specifies how the post
pumping dewatering depletions (including refilling of the pit) will be replaced, in time,
place and amount. A Totalizing Flow Meter must be installed to record monthly
dewatering volumes with meter readings reported on the submitted monthly
accounting.
14. Greeley 35 h Ave Pit is currently being dewatered, however, if the dewatering of this site
is discontinued, the pit would- fill creating additional depletions to the stream system due
to increased evaporation. To assure that depletions to the river do not occur as a result
of either an unforeseen abandonment of the site by the Applicant or as a result of the
long term ground water exposure after completion of the mining and reclamation will be
replaced so as to prevent injury to other water rights, MMM has obtained a bond in the
amount of $4,546,572 through DRMS for lining the lakes. Therefore, if dewatering is
discontinued this bond can also be used for the completion of the lining of the pit or the
backfilling, thus preventing depletions to the stream system.
15. Iverson Pit will be operated in a dewatering condition. However, if the dewatering of the
site discontinues, the pit would fill creating additional depletions to the stream system
due to increased evaporation. To assure that depletions to the river do not occur as a
result of either an unforeseen abandonment of the site by the Applicant, until an
additional permanent replacement water supply source is obtained, MMM is prohibited
from opening up more than 22.1 acres below the ground water level so that only a 22.1
acre lake would result from the pit filling with ground water. For this SWSP to be
renewed the Iverson's must have either filed in water court for a permanent
augmentation plan or they must be able to show a good faith effort in developing
such a plan including documentation of their progress.
16. This SWSP 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 SWSP. Should this
SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for
augmentation, all use of ground water must cease immediately.
17. 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
whether the substitute supply is of a quality to meet requirements of use to senior
appropriators. As such, water quality data or analysis may be requested at any time to
determine if the water quality is appropriate for downstream water users.
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
pending water court case or any other legal action that may be initiated concerning this
SWSP. This decision shall not bind the state engineer to act in a similar manner in any
other applications involving other SWSPs, or in any proposed renewal of this SWSP,
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 Joanna Williams in
Denver at (303) 866 -3581 or Jonathan Hernandez in Greeley at (970) 352 -8712.