2013-04-29_HYDROLOGY - M1979189 - Laserfiche WebLink

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• plan for augmentation, Applicant wil! obtain water from another source, line the ponds c. fill them in. If Applicant adds sources of replacement water, Applicant must file an application with the Water Court seeking approval of an additionst source or sources for replacement of depletions. The Court retains jurisdiction pursuant to paragraph 23 to assure the continued replacement of depletion:,. Further, the Court retains jurisdiction for five years after mining operations have ceased to assure that the sandpit is either Tined. the pit is filled in, that the water designated as the replacement source in this decree is adequate, or an alternative water supply of augmentation is secured to replace evaporative depletions, if necessary ONQI US(ON5_QE LAW 15. The Water Court has jurisdiction over this proceeding pursuant to 37 -90- 137(6) and 37-92-302(1)(a), C.R.S. This Court concludes as a matter of law that the application herein is one contemplated by law, the application for a decree confirming Applicant's right to withdraw and , ..1a3 all groundwater from the nontributary aquifers beneath the property as described herein pursuant to 37- 90- 137(4), C.R.S., should be granted, subject to the provisions of this decree. The nature and extent of the nontributary groundwater determined herein are defined by 37 -90- 137(4), 37- 90- 137(9), and 37- 90- 137(9)(c), C.R.S. The withdrawal of the groundwater decreed herein in accordance with the terms of this decree will not result in material injury to vested water rights of others 16. The rights to groundwater determined herein shall not be administered in accordance with priority of appropriation. Such rights are not "conditional water rights" as defined by 37- 92- 103(6), C.R.S., requiring findings of reasonable diligence are not applicable to the groundwater rights determined herein. The determination of groundwater rights herein need not include a date of initiation of the withdrawal project. See 37 -92- 305(11). C.R.S. 17. Applicant has provided evidence of the historic natural depletion associated with natural vegetation on the Subject Property and may claim credit for removal of such vegetation pursuant to 37- 92- 305(12)(a), C R.S. 18. The Office of the State Engpnee >r will issue a well permit pursuant to 37.90- 137(11), C.R.S_ and the terms of this decree_ 19. The terms and conditions of the plan for augmentation as set forth in tnis decree are adequate to prevent injury to the owners of, or persons entitled to use, water under a vested water right or a decreed conditional water right. 20. This decree is administrable by the water officials of the State of Colorado provided that the Applicant provides accounting as described above to the Division Engineer. The State Engineer shall curtail all out -of- priority diiversions, the depletions from which are not F 10fl K.EMTV.1^WSKS OGRANO FtV1 V141.01 6