2013-07-29_HYDROLOGY - M1979191 - Laserfiche WebLink

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Mr. Jared Dains Amended Lafarge Middle Poudre Combined SWSP July 29, 2013 Page 6 of 7 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 vested water rights has or will occur as a result of this plan. Should this supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately. 15. For any site whose reclamation plan includes a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three years prior to the completion of mining to include, but not be limited to, long- term evaporation losses. Before this SWSP is renewed for 2014, the Applicant must submit such a plan for the Shields Mine as mining is complete and a groundwater lake has been created. If the Applicant has not submitted a plan for augmentation with the Division 1 Water Court by the 2014 SWSP renewal request, the Applicant must document the specific steps taken and show good -faith diligence in preparing to file a plan for augmentation. 16. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 17. Dewatering at the East Rigden, Kyger, and Three Bells Pits will produce delayed depletions to the stream system. As long as the pits are continuously dewatered at a relatively constant rate, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the sites cease, the delayed depletions must be addressed. Once dewatering at the sites cease, the delayed depletions must be addressed, including depletions resulting from the gradual refilling of the pit. At least three years prior to completion of dewatering at the East Rigden or Three Bells Pits a plan must be submitted that specifies how the post. pumping dewatering depletions (including refilling the pit) will be replaced, in time, place and amount. Totalizing Flow Meters have been installed on all dewatering operations and they must remain operational for the duration of dewatering. Additionally monthly dewatering volumes, as reported through each meter, must be included with the submitted accounting. 18. 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. 19. In accordance with amendments to § 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 whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 20. 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. If you have any questions concerning this approval, please contact Sarah Brucker in Denver at (303) 866 -3581 or Michael Hein in Greeley at (970) 352 -8712.