Laserfiche WebLink
Mr. Wayne I. Schieldt Page 4 of 7 <br />June 21, 2012 <br />historical consumptive use credit from the 34 shares of the CC Ditch is 116.37 acre -feet with a total <br />return flow obligation of 162.63 acre -feet (Table 7). <br />The monthly depletions and replacement requirements are found on the attached Table 14. <br />Western Fuels will augment out -of- priority depletions associated with the NHM operations by using <br />the consumptive use credits from the 27 shares in the CC Ditch associated with the decree in case <br />no. 88CW55 and the 34 shares in the CC Ditch sought to be changed in this SWSP. The active water <br />rights that could have a potential impact in the Tuttle Draw and Calamity Draw have been identified as <br />the Charlie Rice Ditch, the Holder Ditch, and R &H Development Ditch (on Tuttle Draw); and Richards <br />Waste Ditch (on Calamity Draw). There were no active water rights identified in Coal Canyon. <br />Consumptive use credits will be released to Calamity Draw at the Elliot Lateral headgate and to Tuttle <br />Draw at the CC Ditch Box 1, which are upstream of the mine depletions. The monthly amounts of <br />release based on the specific drainage are identified on Table 15 (attached). Western Fuels proposes <br />to store available excess consumptive use credits in any of the ponds and will release water as <br />necessary during the non - irrigation season to replace our -of- priority depletions and historical irrigation <br />return flows (Table 16). <br />Western Fuels also proposes to operate the New Horizon North Tuttle Draw Exchange as <br />identified in the water court application in case no. 2010CW208. The water right for this proposed <br />exchange is pending in case no. 2009CW171. The exchange is necessary in the event of a call from <br />senior rights located on an unnamed tributary to Tuttle Draw and when Western Fuels is delivering <br />replacement water to Tuttle Draw. This exchange may only occur to the extent that there is a <br />continuous live stream between the exchange from and exchange to points and to the extent this <br />exchange can be operated without injury to intervening water rights. This exchange may only be <br />operated with the prior approval of the water commissioner or division engineer. The Applicant is <br />required to obtain approval of this exchange from the water commissioner or division engineer on a daily <br />basis or other interval approved by the water commissioner or division engineer. <br />Western Fuels is required to dewater the mining area. This is done by using portable pumps <br />that operate continuously. The water is pumped into an elevated tank used to fill the water trucks for <br />dust suppression. The remaining water is then discharged into one of the sediment ponds and into the <br />nearest stream. Pumping from mine dewatering intercepts groundwater. The BBA report evaluated <br />the impact to the stream from mine dewatering and determined that a net accretion to stream system <br />occurs from May through September, which benefits the surface water rights that are being used for <br />irrigation. Western Fuels does not claim the accretion credits to the stream from dewatering in this <br />SWSP. In the month of April, lagged depletions from mine dewatering are slightly more than direct <br />depletions from dewatering and may have an impact on the stream system. In an event of a senior <br />call, a storage release from Western Fuels' ponds would replace the mine dewatering depletions. <br />According to the BBA report, mine dewatering at NH2M impacts Tuttle Draw at a point below the <br />Holder and Charlie Rice Ditches and dewatering in the NHNM area impacts the Coal Creek drainage. <br />In the Cyprus area the point of impact is to Calamity Draw above the Richards Water Ditch. <br />SWSP Conditions of Approval <br />This SWSP is hereby approved pursuant to § 37 -92- 308(4), C.R.S., subject to the conditions <br />below: <br />1. This SWSP shall be valid for the period of June 1, 2012 through May 31, 2013, unless <br />otherwise revoked, modified, or superseded by decree. Additional SWSPs are required until a <br />court decreed plan for augmentation is obtained for the proposed uses. Should an additional <br />SWSP be requested, the provisions of § 37- 92- 308(4)(b), C.R.S., shall apply. The statutory <br />