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Sievers Pit SWSP Page 4 of 7 <br />November 24, 2014 <br />The proposed surface water diversions from the Crystal River would impact both the <br />Crystal River and the Roaring Fork River downstream of the confluence, whereas the <br />groundwater withdrawals would only impact the Roaring Fork River. Although the dry-up credits <br />can offset depletions at the Sievers Pit to the Crystal River and the Roaring Fork River <br />downstream of the confluence, the WDWCD contract can only offset depletions on the Roaring <br />Fork River. Table 3 shows the depletions and credits in the different reaches. As shown, in the <br />water balance in Column (C), the Crystal River will be adequately protected in all months except <br />the November through April period. There is one water right located in the reach of the Crystal <br />River between the Sievers Pit and the confluence with the Roaring Fork River that may be <br />impacted during drought periods. The Colorado Water Conservation Board ( "CWCB ") has an in- <br />stream flow right on the Crystal River (Case No. W -2720) from its confluence with Avalanche <br />Creek to its confluence with the Roaring Fork River for 100 cfs from May 1 through September <br />30 and 60 cfs from October 1 through April 30. Therefore in the event a water right call is <br />placed on the Crystal River downstream of the Sievers Pit, Oldcastle must cease out -of- <br />priority diversions from the Crystal River to the pond under this SWSP unless <br />replacement water is delivered to the calling reach in the amount needed to replace all <br />out -of- priority depletions. Applicant's existing lease for 29.1 acre -feet of replacement water on <br />the WDWCD may be used to make replacements in the event of a call by CWCB on the Roaring <br />Fork River. <br />According to the decree in Case No. 83CW65, the Sievers Pit will be returned to <br />irrigated pasture when Lafarge has completed mining. The Kaiser - Sievers Ditch water will be <br />returned to irrigation and the diversion point will revert back to the diversion point, under Priority <br />136 in the amount of 1 cfs in Civil Action No. 132, at a point on the west bank of Crystal River. <br />Note: According to the decree entered in Case No. 83CW65, the historical consumptive <br />use credit from 22.1 acres of dry -up under the Kaiser - Sievers Ditch is 32.5 acre -feet per year. <br />The 32.5 acres of dry-up produces a consumptive use credit that exceeds the estimated <br />depletions for the months of April through October. The excess credits total 6.86 acre -feet for <br />this period. According to the water balance table provided for this SWSP (attached Table 3); <br />these excess consumptive use credits will now be utilized to replace the additional depletions <br />approved under this SWSP. Approval by this SWSP to use these excess consumptive use <br />credits is limited to replacing depletions resulting from the gravel pit mining operation at the <br />Sievers Pit. Any request to utilize these excess credits at a different location, or for a different <br />purpose may require a subsequent change of water right for the Kaiser - Sievers Ditch and may <br />require a re- quantification of the historical consumptive use credits. <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with § 37 -90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This plan is approved with the effective date of July 1, 2014 and shall be valid through <br />June 30, 2015 unless otherwise revoked or modified. If this plan will not be made <br />absolute by a water court action by the plan's expiration date, a renewal request must be <br />submitted to this office with the statutory fee (currently $257) no later than May 15, 2015. <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.2223 www.water.state.co.us <br />