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Mr. Raul Passerini, P.E. Page 6 <br />March 19, 2014 <br />This junior water right in the McKay Ditch (appropriation October 1, 1926) was <br />historically called out by the Shoshone water right. Historically the water rights within the <br />Colorado River Basin that are junior to the Shoshone water right have been allowed to divert <br />without curtailment because of releases of water from the HUP in Green Mountain Reservoir. <br />Once the junior water in the McKay Ditch is changed for augmentation purposes it will no longer <br />benefit from the Green Mountain Reservoir releases under the HUP. Therefore, for the purpose <br />of this analysis, and based on the historical call of the Shoshone water right, it was assumed <br />that the McKay Ditch was out -of- priority beginning July 1 of each year, and no historical <br />consumptive use credits for the Mc Kay Ditch were used for the period of July- November of <br />each year during the study period. The historical consumptive use from the water right in the <br />McKay Ditch for the 66.2 acres was estimated to be approximately 43.36 acre -feet, as shown <br />on the attached Table 7 or 0.65 acre -feet per acre. <br />The irrigation consumptive use credits resulting from the dry-up of 138 acres totals <br />111.3 acre -feet. Historical return flows from irrigation on this site are to be maintained by <br />continuing diversions through the Famine Ditch, the Old Whetstone Sheep Creek Ditch, the South <br />Rock Creek Ditch, and the McKay Ditch. Please note that approval of these credits does not imply <br />a position by this office in any subsequent change of water right or other litigation for these water <br />rights. In addition, note that a comprehensive stream depletion analysis considering return flow <br />lags may be necessary for approval of a plan for augmentation. <br />Replacement water to offset depletions during the non - irrigation season is to be provided <br />by releases from storage from Green Mountain Reservoir and Dillon Reservoir. The schedule of <br />releases from storage is outlined in the attached Tables 9 and 10. <br />For 2013, releases from Green Mountain Reservoir are to total 15.63 acre -feet from an <br />existing contract with the U.S. Bureau of Reclamation (Bureau), which has not already been <br />committed to the augmentation plan filed in Case No. 96CW176. An additional 30.0 acre -feet are <br />to be released pursuant to the amended contract with the Bureau for a total release from Green <br />Mountain Reservoir of 45.63 acre -feet of water. For 2014, releases from Green Mountain <br />Reservoir are to total 15.63 acre -feet from an existing contract with the Bureau, which has not <br />already been committed to the augmentation plan filed in Case No. 96CW176. An additional <br />30.89 acre -feet are to be released pursuant to the amended contract with the Bureau for a total <br />release from Green Mountain Reservoir of 46.52 acre -feet of water. <br />A total of 3.3 acre -feet are available for release from Dillon Reservoir pursuant to an <br />agreement with the Board of Commissioners of Summit County. (A total of 4.3 acre -feet are <br />included in the contract; however, one acre -foot is dedicated to the operation of the augmentation <br />plan decreed in Case No. 96CW176, leaving 3.3 acre -feet available for use in this SWSP.) For <br />2013 and 2014, no releases are to be made from Dillon Reservoir for this SWSP. <br />Conditions of Approval <br />hereby approve the proposed SWSP in accordance with § 37 -90- 137(11), C.R.S., <br />subject to the following conditions: <br />1. This SWSP shall be valid from May 9, 2013 through December 31, 2014 unless <br />otherwise revoked or modified. If this SWSP will not be made absolute by a water court <br />action by the SWSP expiration date, a renewal request must be submitted to this office <br />with the statutory fee (currently $257) no later than November 15, 2014. <br />2. Well permit, Permit No. 48230 -F, has been obtained for an exposed pond surface area <br />of 13 acres and limited operational losses. Since the exposed surface area at the site is <br />now 30.7 acres and the operational losses at the site have expanded a new well permit <br />must be issued for the gravel pit in accordance with § 37 -90- 137(2) and (11), C.R.S. A well <br />