2014-04-02_HYDROLOGY - M1977151 - Laserfiche WebLink

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Mr. Jared Dains, E.I. Page 4 of 8 March 31, 2014 remaining after the Applicant has satisfied its return flow obligations is equivalent to the historical consumptive use attributable to the shares. You have projected GIC direct and Fossil Creek Reservoir deliveries for this plan period based on a dry year yield of 17.75 acre -feet per share and 0.54 acre -feet per share, respectively, in accordance with the decree entered in case no. 2003CW348. As shown in the attached Table 5, total credit for the Applicant's 3.0 GIC shares was estimated to be 42.24 acre -feet for the irrigation season (April through October). The Applicant's GIC shares will be delivered to the Cache la Poudre River at the 23rd Avenue /4th Street return structure. Those replacements will be made directly adjacent to the Greeley Pit. Due to close proximity of the return station to the Greeley Pit, no transit losses will be assessed for the delivery of the GIC shares. The replacement deliveries will be made above the Ogilvy Ditch, which is typically the first calling water right below the Greeley Pit point of depletion during the period of April to October. The Applicant has obtained a lease from the Graham Drainage Ditch Company for 30.5 acre - feet of replacement water from the Graham Seepage & Drainage Canal water right (WDID 0301321) for the period of April to October 2014. This water right was decreed in case no. W -7818 as developed water, not tributary to the South Platte River. The Court found that 2,800 acre -feet of water was developed by the construction, development, and operation of the Graham Seepage & Drainage Canal; however, historically, only 1,330 acre -feet were consumptively used, with 1,470 acre -feet discharged as waste water to the Cache La Poudre River and its tributaries. In the decree entered in case no. W- 7818, the Court indicated that it considered the Supreme Court decisions in the cases of Southeastern Colorado Water Conservancy District et al. v. Shelton Farms and Southeastern Colorado Water Conservancy District v. Colorado -New Mexico Land Co., Inc. 187 Colo. 181, 529 P.2d 13212 (1974). Based on the above, this SWSP will only recognize 1,330 acre -feet per year of consumable water. Deliveries of replacement water will be measured at a flume located approximately 380 feet from the mouth of the Graham Seep Ditch (WDID 0302906). The mouth of the Graham Seep Ditch is located approximately 1,030 feet from the north section line and 1,350 feet from the east section line of said Section 36, adjacent to the estimated point of depletion from the Greeley Pit; therefore no transit losses were assessed. The replacement deliveries will be made above the Ogilvy Ditch, which is typically the first calling water right below the Greeley Pit point of depletion during the period of April to October. On October 29, 2013, the SEO received a comment letter regarding the Bucklen SWSP request on behalf of the Greeley Irrigation Company ( "GIC ") stating that the nontributary determination and actual historical consumptive use of the Graham Ditch water is subject to scrutiny per the applicant's efforts to change the use of the water to include augmentation purposes. For this year's SWSP request, the SEO is administratively approving the change of water right for augmentation purposes. However, due to questions regarding the nontributary nature of the water and the need for a change of water right from irrigation and domestic to augmentation, the SEO will not approve such a change in future SWSPs unless the use of the Graham Ditch water for augmentation purposes is approved by the water court. The Applicant has obtained a lease of 24.1 acre -feet of fully consumable water provided by the Platte River Power Authority ( "PRPA ") to make replacements during the non - irrigation period of November 2014 through March 2015. PRPA has an "Agreement for the Reuse of Water for Energy Generation ", dated August 10, 1978, with the City of Fort Collins ( "Fort Collins ") and Water Supply and Storage Company ( "WSSC ") that provides PRPA with the right to receive reusable water delivered by Fort Collins. PRPA, Fort Collins, and WSSC also obtained approval of a plan for augmentation including reuse of water in Division 1 Water Court Case no. W- 9332 -78. In case no. W- 9332 -78, the Court found that 4,200 acre - feet, or more per year, will be available from Fort Collins to the PRPA to be used primarily for cooling purposes in connection with its Rawhide Energy Facility. Pursuant to the decree in case no. W- 9332 -78, if PRPA does not require the water for its own purposes, PRPA, Fort Collins, or other water users may utilize the water for any other beneficial purpose including augmentation. In addition, PRPA has entered into an Agreement with the North Poudre Irrigation Company ( "North Poudre") dated November 15, 1979 and