2014-12-11_HYDROLOGY - M1979059 - Laserfiche WebLink

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Peter Wayland Page 4 of 7 Brownwood SWSP December 11, 2014 Applicant has stated they are currently negotiating with the Loveland to lease a storage water right, which could be released in real time during dry years to provide coverage to this gap. Any final lease or agreements with the Applicant and Loveland must be forwarded to this office. Otherwise, this plan is subject to cancellation during dry years which could subject the Applicant to enforcement by the Division Engineer. Return flows have been projected based on the average year analysis. The pit operator shall not divert water in excess of the average farm delivery on a monthly basis unless return flows are reanalyzed as appropriate. These shares are required to be diverted in priority at the ditch then measured back to the Big Thompson River with a measuring device acceptable to the water commissioner. This SWSP will not allow any historic consumptive use credits from these shares to be applied to this plan until such time as a these shares are adequately diverted, measured, recorded, and accounted for to the satisfaction of the Water Commissioner. Prior to using these shares in this SWSP the Applicant must demonstrate that the Water Commissioner has approved the proposed measurement structure. 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: 1. This SWSP shall be valid for the period of November 1, 2014 through October 31, 2015, unless otherwise revoked, modified, or superceded by decree. 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 (currently $257) no later than September 15, 2015. 2. A well permit must be obtained for this pit in accordance with S 37-90-137(2) and (11), C.R.S, in conjunction with this plan. Applicant submitted permit application (receipt no. 3666877) with this SWSP request and this application is pending evaluation. The provisions of§ 37-90-137(2), C.R.S., prohibit the issuance of a permit for a welt to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2 CCR 402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute water supply plan will be cancelled. 3. The total surface area of the groundwater exposed at the Brownwood Pit site must not exceed 12.8 acres, which results in a maximum evaporative annual loss of 27.35 acre- feet. Total consumption at the Brownwood Pit site must not exceed these aforementioned amounts unless an amendment is made to this plan. 4. Approval of this plan is for the purposes as stated herein. This office must first approve any additional uses for the water. Any future additional historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given.