2013-01-02_HYDROLOGY - M1985026 - Laserfiche WebLink

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Mr. Peter Wayland Challenger SWSP December31, 2012 Page 3 of 7 Applicant has stated they are currently negotiating with the City of Loveland to lease a storage water right, which could be released in real time during dry years to provide coverage to this gap. Any final lease or agreements with the Applicant and Loveland must be forwarded to this office. Otherwise, this plan is subject to cancellation during dry years which could subject the Applicant to enforcement by the Division Engineer. Return flows have been projected based on the average year analysis. The pit operator shall not divert water in excess of the average farm delivery on a monthly basis unless return flows are reanalyzed as appropriate. These shares were required by the previous SWSP to continue to be diverted in priority at the ditch then measured back to the Big Thompson River. Additionally adequate measuring devices acceptable to the water commissioner were to be installed. The District 4 Water Commissioner has no knowledge of such a measuring structure being installed, or of these shares being diverted in priority. Further communications with the Applicant revealed this measurement structure was not installed. This SWSP will not allow any historic consumptive use credits from these shares to be applied to this plan until such time as a these shares are adequately diverted, measured, recorded, and accounted for to the satisfaction of the Water Commissioner. Because the Applicant depends on these shares to provide replacement in the summer, this plan will expire on March 31, 2013 but will automatically be extended to October 31, 2014 upon Water Commissioner approval of the measurement structure. Long Term Depletions 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. The April 30, 2010 letter from DRMS required that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. A response to the DRMS letter documenting compliance has not been received. The current reclamation plan is to leave three ground water lakes of 14, 2.4, and 3 acres (Exhibit F Reclamation Plan, 10/30/2006) for a total of 19.4 acres. The existing ponds exceed this acreage and as such a revision to the DRMS permit may be necessary. Permanent augmentation is to be provided by a Water Court decreed Augmentation Plan using up to 20 shares of the Hill and Brush Ditch. An augmentation plan has not been decreed by the court, nor has an application for such a plan been filed by Coulson or the Landowner with the Water Court. The current financial warranty held for this site is $20,241 and would not be sufficient to line or backfill the pits should an Augmentation Plan not be obtained. Therefore this pit is not in compliance with the April 30, 2010 DRMS letter. By March 31, 2013, or when the Applicant request renewal of this plan for installing the proper measuring device, the Applicant must also submit documentation that they are in the process of obtaining a bond through DRMS to cover the cost of lining or backfilling or must permanently dedicate shares to the plan that can be used for the purposes of augmenting depletions in the unlikely event, or events, that would lead to the abandonment of the Pit. This bond or permanent dedication of water is required to be maintained until a permanent plan for augmentation is decreed by the court. Failure to provide such a bond or share dedication may result in the cancellation of this SWSP and may subject the Applicant or landowner to orders issued by the Division Engineer to immediately Cease and Desist all use of ground water including evaporation in addition to any remedies sought by DRMS.