Laserfiche WebLink
Mr. Peter Foster December 6, 2012 <br />Colona Gravel Pit, Substitute Water Supply Plan Page 6 of 7 <br />13. The applicant shall maintain daily records of all diversions, replacement, and the <br />amount of water used for each particular purpose. The applicant shall provide a report <br />of these records to the Division Engineer, Bob Hurford, and the Water Commissioner, <br />Luke Reschke (both at PO Box 456, Montrose, CO, 81402, telephone 970 - 249 - 6622), on <br />a monthly basis, or other interval acceptable to both of them. The accounting must be <br />submitted within five (5) calendar days of the end of the month for which the accounting <br />is being made. The applicant shall also provide an annual report to the division engineer <br />and the water commissioner by November 15th, which summarizes diversions and <br />replacements made pursuant to this plan. Accounting forms are subject to modification <br />and approval by the division engineer (a proposed accounting form, Appendix A, is <br />attached). Flowrates shall be reported in cfs and volumes in acre -feet. <br />14. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed <br />with the Division 4 Water Court at least three years prior to the completion of mining to <br />include, but not be limited to, Tong -term evaporation losses and lagged depletions. If a <br />lined pond results after reclamation, replacement of lagged depletions shall continue <br />until there is no longer an effect on stream flow. Granting of this plan does not imply <br />approval by this office of any such court application(s). <br />15. 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 the <br />operation of this plan. Should this substitute water supply plan expire without renewal or <br />be revoked prior to adjudication of a permanent plan for augmentation, all excavation of <br />product from below the water table, and all other use of water at the pit, must cease <br />immediately. <br />16. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules <br />and Regulations adopted on February 4, 1992, the State Engineer shall determine if the <br />substitute supply is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substituted supply has normally been put. As such, water <br />quality data or analyses may be requested at any time to determine if the requirements <br />of use of the senior appropriator are met. <br />17. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as defense in any water <br />court case or any other legal action that may be initiated concerning the substitute water <br />supply plan. This decision shall not bind the state engineer to act in a similar manner in <br />any other applications involving other plans or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by this applicant. <br />