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<br />- 2- <br /> <br />(leaching facilities); (2) sediment detention ponds within the Cresson Project; and (3) the <br />underdrains and spring collection pump-back system located within the Cresson Project. The lined <br />areas of the Project will change incrementally through construction of new areas of the leaching <br />facilities and reclamation of existing leach pads. The proposed augmentation plan addresses <br />replacement based upon the maximum projected depletions from existing and presently planned <br />operations at the Cresson Project and provides for annual monitoring of the size of the lined areas <br />within the Cresson Project. Water provided to replace depletions to Fourmile Creek will be <br />delivered via the Carlton Tunnel or Wilson Creek, but will not replace depletions to Fourmile Creek <br />in the reach between Cripple Creek and the Carlton Tunnel. The segment of the Fourmile Creek ISF <br />water right affected by this lack of replacement water is less than 0.5 mile in length. <br /> <br />Terms of Proposed Settlement <br /> <br />CC&V representatives have met with CWCB Staff and the Attorney General's Office to negotiate a <br />resolution to this application, resulting in the proposal described herein. CC& V has provided a draft <br />decree to Staff that still needs revisions to fully document this proposal, and the parties need to draft <br />a stipulation. Consequently, this memo does not include a draft stipulation or decree, but sets forth <br />the pertinent elements ofthe proposed settlement. <br /> <br />Depletions Occurring Prior to ISF Appropriation <br /> <br />CC& V has provided documentation establishing that a portion of the depletions from the Cresson <br />Project were occurring prior to and on the date that the CWCB appropriated its Fourmile Creek ISF <br />water rights, which is January 26, 2000. See Affidavit of Scott A. Lewis attached hereto. Pursuant <br />to section 37-92-102(3)(b), C.R.S., the CWCB's ISF water rights are subject to CC&V's depletions <br />that were occurring as of the date the CWCB appropriated its water rights. The stipulation and <br />decree will identifY the timing and amounts of those depletions that fall under section 37-92- <br />1 02(3)(b) and will provide that those depletions need not be replaced to prevent injury to the <br />Fourmile Creek ISF water rights. The stipulation and decree also will require CC&V to replace <br />depletions that were not occurring on or before January 26, 2000 in time, place and amount to <br />prevent injury to the Fourmile Creek ISF water rights, except those determined to be de minimis, as <br />described below. <br /> <br />De Minimis Depletions <br /> <br />CC&V has quantified the maximum projected depletions to the reach of Fourmile Creek between <br />Cripple Creek and the Carlton Tunnel that do not fall under section 37-92-102(3)(b) and requested <br />that the CWCB accept those depletions as de minimis. The projected depletions are as follows: <br /> <br />Cripple Creek & Victor Gold Mining Company <br />Maximum Depletions to Fourmile Creek Associated with Post-2000 Impervious Areas <br /> <br /> JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC <br />Ac-ft 0.49 0.44 0.49 0.83 1.17 1.13 1.17 1.17 1.13 0.80 0.48 0.49 <br />cfs .008 .008 .008 See .019 .019 .019 .019 .019 See .008 .008 <br /> notes notes <br /> <br />Notes: <br />Maximum depletions would be 0.019 cfs during April 15 through October 14. <br />Maximum depletions would be 0.008 cfs during October 15 through April 14. <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />