Laserfiche WebLink
Stephen Buechner, Applegate Group Page 5 <br />November 7, 2012 <br />Reclamation Act and the Mineral Rules and Regulations for the protection of water <br />resources. The April 30, 2010 letter from DRMS requires that you provide <br />information to DRMS to demonstrate you can replace long term injurious stream <br />depletions that result from mining related exposure of ground water. <br />In accordance with approach nos. 1 and 3, you have indicated that a bond has <br />been obtained for $1,174,724 through the Division of Reclamation, Mining, and <br />Safety ( "DRMS ") to assure that depletions from groundwater evaporation do not <br />occur in the unforeseen event, or events, that would lead to the abandonment of <br />the Pit. In addition, Front Range Aggregates owns and has dedicated five shares <br />of Twin Lakes Reservoir and Canal Company to cover these potential long term <br />depletions. Front Range Aggregates must continue to commit those shares to this <br />plan until such time as the State Engineer authorizes the release of this <br />commitment. <br />12. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation all use of water at the pit must <br />cease immediately. <br />13. In accordance with amendments to §25 -8- 202(7), C.R.S., and "Senate Bill 89 -181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of <br />use to which the senior appropriation receiving the substitute supply has normally <br />been put. As such, water quality data or analyses may be requested at any time to <br />determine if the requirement of use of the senior appropriator is met. <br />14. The decision of the State Engineer shall have no precedential or evidentiary force, <br />shall not create any presumptions, shift the burden of proof, or serve as a defense <br />in any water court case or any other legal action that may be initiated concerning <br />the substitute water supply plan. This decision shall not bind the State Engineer to <br />act in a similar manner in any other applications involving other plans or in any <br />proposed renewal of this plan, and shall not imply concurrence with any findings of <br />fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />