2013-04-16_HYDROLOGY - M1999006 - Laserfiche WebLink

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Cheryl Signs, P.E. Kurtz SWSP April 15, 2013 Page 5 lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan does not imply approval by this office of any such court application(s). 12. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. If dewatering at the site ceases, the delayed depletions must be addressed. 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 is required to be installed to accurately measure the monthly amount of dewatering. Monthly meter reads are required to be reported on submitted accounting. If not already installed, the Applicant must install required meter(s) by May 1, 2013. 13. To assure that depletions from ground water evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the pit, the Applicant has dedicated five (5) shares of the Greeley Canal No. 3 and Fossil Creek Reservoir, four (4) shares of the Rural Ditch Company and portion of water rights decreed in case no. 2001 CW274 as replacement water to this gravel pit as replacement water solely to this SWSP for as long as there are depletions at this gravel pit site or until such time as another replacement source is obtained. A copy of the affidavit dated November 1, 2010 is attached to this letter. For the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State Engineer determines that a different affidavit or dedication process is necessary to assure proper dedication of the shares, additional information may be required prior to future SWSP approvals. 14. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately. 15. In accordance with amendments to Section §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 if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 16. 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 plan. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other plans, or in any proposed renewal of this plan, 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.