Heyborne Recharge and Wildlife Project Outline

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Heyborne Recharge and Wildlife Project Outline (DRAFT for SPWRAP Water Planning Committee) 3 -20 -2008 Appropriation Date: January 8th, 2008 Conditional Water Riaht: 10 cfs Point of Diversion from the South Platte River: Heyborne Lift Station, located in the NE% SW' /4 of Section 11, Township 11 North, Range 45 West of the 6th P.M., Sedgwick County, Colorado, GPS Coordinates (UTM 13 NAD 27) Northing 4535874, Easting 724160. Beneficial Uses: Recharge, wildlife and wildlife recovery, livestock, and augmentation, directly and by exchange, of all water rights which may be augmented pursuant to the decree in Case No. 02CW320 Delivery: Recharge ponds (4 total @ maximum of 10 acres each) and wildlife habitat areas for the above - listed beneficial uses. Proposed Agreements and Operational Terms: 1. NHP well owners to provide daily operation and routine maintenance - if not NHP wells to pay Lower market rate for accretions for Lower to operate and maintain. 2. 20% of accretions assigned to NHP wells for daily operation and maintenance for augmentation of NHP well depletions. In addition, NHP wells have first right to lease at market rate those additional credits needed to augment.NHP wells. 3. SPWRAP to pay electricity 4. Capital to construct from SPWRAP, NAWCA funds and CWCB funds 5. Heyborne shall own the new lift station, pipeline and recharge ponds. Lower to own water right? 6. HeXborne shall be entitled to pump out of priority up to 80% of accretion credits from August 25t thru October 15th so long as net effect of NHP wells and Heyborne is positive — Internal water accounting will monitor. 7. Lower to lease from Heyborne unutilized Heyborne credits from August 25th thru October 15th at current market rate if there is a market for water during that period. 8. Lower has full right to credits from October 16th thru April 24th to be used for augmentation first then for PRRIP. 9. Lower may lease credits at current market rate to cover Sedgwick County out -of- priority depletions. 10. All revenue generated by Lower from Heyborne Project will be financially accounted for separately and used for 1) Administration associated with Heyborne Project, 2) Operation and Maintenance of Heyborne Project, 3) Electrical costs to pump Heyborne Project and 4) Any other costs associated strictly with Heyborne Project.