2013-01-02_HYDROLOGY - M1985026 - Laserfiche WebLink

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Mr. Peter Wayland Challenger SWSP December 31, 2012 Page 5 of 7 8. Under the terms of the lease, replacements can be made using a variety of water owned by Loveland including, but not limited to, Windy Gap reusable effluent, Loveland Storage Reservoir water as decreed in case no. 82CW202A, and Colorado Big Thompson ("0- BT") Project water. In the event that Loveland plans to use C -BT water as a replacement source, Loveland shall comply with the Interim Rule issued by the Northern Colorado Water Conservancy District ( "Northern District ") in May 2005, regarding the use of C -BT Project water in substitute water supply plans. Prior to the use of C -BT Project water, Loveland is required to notify this office, the division engineer and the water commissioner of the amount of C -BT Project water dedicated to this plan and provide a copy of the Northern District's approval letter as required by paragraph I(g) of the Northern District's May, 2005 Interim Rule. 9. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the County Clerk and Recorder. All replacement water must be concurrent with depletions in quantity, timing, and locations. 10. Adequate accounting of depletions and replacements must be provided to the division engineer in Greeley (Div1Accountinq(a state.co.us) and the water commissioner (Jason.Smith2state.co.us) on a monthly basis. All amounts shall be in acre -feet. All submitted accounting shall conform to the Administration Protocol "Augmentation Plan Accounting — Division One, South Platte River" (attached). In addition, the applicant shall verify that the City of Loveland (WDID 0402519) includes in Loveland's monthly accounting, a report on the reusable water released to provide replacement for this SWSP. It is the Applicants responsibility to ensure Loveland releases the leased water in the correct time, place, and amount. 11. The name, address, and phone number of the contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner. 12. Approval of this substitute water supply plan does not relieve the Applicant and /or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long -term evaporation losses and lagged depletions after gravel mining operations have ceased. Approval of this plan does not imply approval by this office of any related litigation. Renewal of this plan beyond October 2014 is contingent on the Applicant filing an application for a plan for augmentation with the Division 1 Water Court that includes, long -term evaporation losses at the Challenger Pit site. 13. 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. By March 31, 2013, or when the Applicant request renewal of this plan for