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Loloff Pit SWSP Page 3 of 7 <br />February 25, 2015 <br />respectively, for this plan period. Pursuant to paragraph 6.7.6 of case no. 1996CW658, the subsurface <br />component of the return flow obligation shall be calculated by multiplying the 5 -year running average <br />annual farm headgate deliveries of GIC water (direct flow water and Fossil Creek Reservoir water). Due <br />to a lack of available of records, you have proposed to calculate the subsurface return flow obligations <br />for the subject GIC share based on the respective projected delivery amounts. The estimated subsurface <br />return flow obligations for the GIC direct deliveries and Fossil Creek Reservoir deliveries are 4.46 acre - <br />feet and 0.21 acre -feet during this plan period, respectively (Table 3). <br />Based on conversations the Applicant has had with the GIC, the Applicant can request delivery of <br />the yield from the subject share at either the 16th Street or F Street augmentation stations. The 16th <br />Street augmentation return (WDID 0302319) is located approximately 1.8 miles downstream of the point <br />of depletions and downstream of the Ogilvy Ditch headgate, which is the first senior water right that <br />could be injured by depletions from the Loloff Pit. The F Street return (WDID 0302320) is located <br />approximately 7.9 miles upstream of the point of depletions and upstream of the Ogilvy Ditch headgate. <br />At times when the Ogilvy Ditch is calling, the Applicant must make replacements at or above the Ogilvy <br />Ditch headgate. A transit loss may be assessed by the water commissioner for the delivery of such <br />replacement water. <br />Greeley Lease <br />The applicant has entered into a rental agreement with the City of Greeley for 12.75 acre -feet of <br />fully consumable water that has been changed for augmentation use. A copy of the agreement showing <br />the monthly replacement schedule was provided with this SWSP request and is attached. Greeley <br />anticipates delivering the replacement water to the Cache la Poudre River at Greeley's wastewater <br />treatment plant (WDID 0302312), located approximately 0.42 mile upstream of the point of depletions <br />and upstream of the Ogilvy Ditch headgate. A transit loss may be assessed by the water commissioner <br />for the delivery of such replacement water. Any releases of replacement water at a location other than <br />the Greeley wastewater treatment plant must be coordinated with the water commissioner to insure the <br />proper transit losses are applied and that no intervening water rights are injured. <br />A water balance showing projected depletions, return flow obligations, and replacements for this <br />plan period is provided in the attached Table 4. <br />Long Term Augmentation <br />In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of <br />Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the <br />requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection <br />of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS <br />to demonstrate you can replace long term injurious stream depletions that result from mining related <br />exposure of ground water. The DRMS letter identifies four approaches to satisfy this requirement. <br />Approach no. 4 requires documentation to identify what water rights or other permanent water <br />source will be dedicated to the SWSP to assure that all permanent depletions from either an unforeseen <br />abandonment of the site by the Applicant or as a result of long term ground water exposure after <br />completion of mining and reclamation will be replaced so as to prevent injury to other water rights. <br />In accordance with approach no. 4, you have provided an affidavit dated May 30, 2014 that <br />dedicates the Applicant's one share of the Greeley Irrigation Company (certificate no. 3391) and one <br />share of the New Cache La Poudre Irrigation Company (certificate no. 4635) as replacement water solely <br />for this SWSP for as long as there are depletions at this gravel pit site or until such time as another <br />replacement source is obtained. A copy of the affidavit is attached to this letter. For the purposes of <br />this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State Engineer <br />