2014-04-02_HYDROLOGY - M1977151 - Laserfiche WebLink

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Mr. Jared Dains, E.I. Page 5 of 8 March 31, 2014 amended on September 10, 2009, which grants PRPA the right to store surplus water (which is surplus water beyond the needs of the Rawhide Energy Facility) in Fossil Creek Reservoir and lease such water to others who can use such water from Fossil Creek Reservoir through direct delivery. According to the Agreement, releases of leased water to others shall be made in the months of September, October, November, February or March. The releases will be made from Fossil Creek Reservoir to the Cache la Poudre River approximately 26.6 miles upstream of the estimated point of depletion from the Greeley Pit, and a transit loss will be assessed. Based on an estimated transit loss of 0.25 percent per mile for the 26.6 miles, transit losses will equal 6.65% or 1.60 acre -feet. Conveyance loss for delivery of augmentation water is subject to assessment and modification as determined by the division engineer. Please note that no releases of water from Fossil Creek will be allowed until approved reservoir accounting has been provided. The attached Table 5 shows the estimated monthly depletions (including surface and subsurface return flow obligations from the use of the GIC shares) and replacements for this plan period. Long Term Augmentation The final reclamation plan for the mining site is to create four unlined lakes with a total surface area of 95 acres. These lakes will expose ground water to evaporation and as such will create a long term augmentation obligation. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The DRMS letter identifies four approaches to satisfy this requirement. In accordance with approach no. 4, you have provided an affidavit dated February 12, 2013 that dedicates 3.0 shares of the Applicant's GIC water as replacement water solely for this SWSP for as long as there are depletions at this gravel pit site or until such time as another replacement source is obtained. A copy of the affidavit is attached to this letter. As evidenced by the need for additional leases covering the irrigation and non - irrigation seasons during this plan period, the 3.0 GIC shares are not sufficient by themselves to provide long term augmentation water for the current 71.8 acres of exposed ground water, nor for the final reclamation plan of 95 acres of exposed ground water. According to the SWSP request, the Applicant is in the process of acquiring an additional 5.5 GIC shares or more, for a total of at least 8.5 GIC shares. Based on information in the DRMS files, the Applicant has purchased and dedicated 2.5 shares of augmentation water. The proposed 8.5 shares are expected to provide approximately 87.64 acre -feet of consumptive use credit per year (10.31 acre -feet per share X 8.5 shares). Although this amount exceeds the depletions associated with the current 71.8 acres of exposed ground water at the site, additional replacement water will need to be obtained to replace depletions from the 95 acres of exposed ground water proposed to remain at the site after final reclamation. According to information in the DRMS files, if the Applicant is not able to purchase the required water shares, the DRMS will calculate the required financial warranty to backfill the exposed ground water areas not covered by the dedicated shares. SWSP Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with § 37 -90- 137(11), C.R.S. subject to the following conditions: This plan shall be valid for the period of April 1, 2014 through March 31, 2015 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee of $257 no later than February 1, 2015. RECEIVPP- APR 02 2014 Division of Reclamation, Mining & Safety