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25" Ave SWSP Page 4 of 7 July 8, 2014 Wheeler analysis does not take into consideration the decline in irrigated acreage as a result of conversion to mining operations that began in the mid- 1970's and continued until all 107.5 acres were out of production by 1990. Although reliance on the Wheeler analysis will be accepted for this SWSP period, any future SWSP request must include an updated historical consumptive use analysis calculated on a yearly basis. The study period for the updated analysis must be representative of the life of the water right, including any periods of non -use, or periods where credit for an undecreed or unauthorized use cannot be given. The headgate of the Boyd and Freeman Ditch is located in the SEI /4 of the SW' /4 of Section 34, T6N, R66W, 6th P.M., approximately 3 miles upstream from the 25th Ave Pit. The water attributable to the 138 shares of the Boyd and Freeman Ditch must continue to be diverted in- priority at the river headgate and the historic consumptive use credits must be released back to the Cache la Poudre, River through the Boyd and Freeman Ditch Return (WDID 0302914), located near the river headgate. A transit loss as determined by the Water Commissioner will be assessed. There are no intervening water rights between the headgate of the Boyd and Freeman Ditch and the point of depletions. The Boyd and Freeman Ditch water is only available for diversion during the irrigation season of April through October; therefore Greeley will utilize other water sources such as reusable effluent discharged from the Greeley Water Pollution Control Facility (aka Greeley Sewer, WDID 0302312) to replace non - irrigation season mining depletions and return flow obligations resulting from the use of the subject shares. The Greeley Sewer is located downstream of the 25th Ave Pit but above the Ogilvy Ditch. Greeley may also release legally stored water from Flatiron Pits 1 and 2 (aka Poudre Ponds, WDID 0303791) pursuant to its storage rights decreed in water court case no. 1999CW234, which are decreed for augmentation purposes. The attached Table 4 presents a list of Greeley's water rights, and includes other fully consumable sources which may be used for augmentation in this plan. A monthly breakdown of depletions and replacements for Flatiron Pits 3 and 4 is shown in the attached Table 1A, while the monthly breakdown of depletions and replacements for Flatiron Pit 5 is shown in the attached Table 1 B. Long -Term Augmentation 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 information be provided to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. According to the submitted information, Pits 3 and 4 will be consolidated into a single pit during the mining process, resulting in one remaining pit after Pits 5 and C are backfilled. The combined pit will be lined via slurry walls and used as a reservoir for water storage by the City of Greeley. Completion of mining and lining of the pits is anticipated to occur in 2027 (15 years from commencement of mining). Long -term augmentation will not be required as the final reclamation plan for the site includes lining or backfilling at[ ground water exposures. As the operator of the site is the City of Greeley, a bond with DRMS has not been executed as bonds are not required for municipal entities.