2014-01-24_PERMIT FILE - C2010089 (5)

Home Browse Search

Mr. Wayne I. Schieldt June 21, 2012 Page 3 of 7 the Cyprus Mine area are: transmissivity (T) = 530 gallons per day per foot (determined from pump test information from existing wells constructed into Brushy Basin Formation, storage coefficient = 0.0001, and the distance from the well to the stream (X) = 8,550 feet for the NHNM area and (X) _ 4,500 feet for the Cyprus area. The Western Fuels' total depletions associated with the coal mining operation are 78.3 acre - feet/yr. as outlined in the attached Table 13. Replacements Under the requested SWSP, out -of- priority stream depletions from the New Horizon Mining operations would be replaced by using the historical stream depletion credits associated with the Applicant's ownership interest in the CC Ditch. Western Fuels owns 115 shares in the CC Ditch. In the plan for augmentation decreed in case no. 88CW55, 27 shares of the 155 shares in the CC Ditch were changed from irrigation to augmentation and industrial uses associated with the NHM. The New Horizon mines are located on Calamity Draw, Tuttle Draw and Coal Canyon; which are all tributaries of the San Miguel River. Historically, there has not been a formal water right call on these draws or the San Miguel River below the Town of Naturita; therefore, these drainages have been declared as non - overappropriated by the Division Engineer in Division 4. Although Western Fuels has numerous decreed junior water rights on these draws and has filed for additional absolute and conditional water rights in case no. 2009CW171, under normal conditions these rights will be sufficient to provide an adequate water supply to the mining operation. If there were to be a call from senior water rights on these draws or the San Miguel River, Western Fuels would be required to augment the out -of priority depletions associated with the New Horizon mining operations. In the event a senior call is placed on these draws or the San Miguel River, Western Fuels will use the 27 shares in the CC Ditch previously changed in case no. 88CW55 and an additional 34 shares proposed to be changed in case no. 2010CW208 and in this SWSP as the source of replacement water. The remaining 54 shares in the CC Ditch will continue to be used for irrigation on the Kelly Ranch located east of Nucla. Kelly Ranch is owed by Western Fuels. The consumptive use credits associated with the 27 shares in the CC Ditch decreed in case no. 88CW55 are shown on the attached Table 7. The SWSP request contained a consumptive use analysis associated with the additional 34 shares in the CC Ditch. There are 3,250 outstanding shares in the CC Ditch and there are five separate appropriations for the CC Ditch as shown on attached Table 1. Table 1 also shows the pro -rata cfs amount for the Western Fuels portion (34/3,250) of each appropriation. Under the CC Ditch system the individual shares are not tied to a specific acreage. As a result the shares have been transferred to different properties. The 3,250 shares of the CC Ditch are used to irrigate 5,288 acres. Western Fuels has identified two different areas on its property as permanent dry-up for the 34 shares. The first parcel was identified as 19.56 acres [Exhibit G- 2(a)], which was irrigated until 1993 and the second parcel was identified as 47.62 acres which was irrigated until 2007 [Exhibit G- 2(b)]. Also, the dry -up acreage associated with the 27 shares changed in case no. 88CW55 represents 74 acres as outlined on the attached Table 8. The historical use of the irrigation supply for the 34 shares in the CC Ditch was quantified using the average monthly diversion for the period 1974 through 2009 using the Modified Blaney - Criddle Method and average daily temperature and precipitation data from the nearby Norwood and Uravan climate stations. The ditch loss from the headgate to the irrigated fields was assumed to be 15 percent and an irrigation efficiency of 45 percent was used. Based on a five -day mean temperature of 45 degrees to establish the seasonal start and end of crop growth dates, the average growing season for pasture grass for the area was determined to extend from about May 5 through October 28. The resulting average annual consumptive use demand is 2.05 acre -feet per acre (Table 6). The dry -year