2015-09-22_HYDROLOGY - M1986079 - Laserfiche WebLink

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A Rick Parsons MEtG SWSP September 17, 2015 Page 3 of 8 Platte River Farms, LLC owns 12 shares of the Fulton Irrigation Ditch Company (Stock Certificate No. 3157) which were historically used on the Tower property. In total 45 Fulton Ditch shares were used by Maxine Tower and previous owners on the property. The current ownership of those 45 ditch shares are summarized below. Platte River Farms, LLC is another entity of the applicants Clay and Kent Carlson of Carlson Associates, Inc and Mann Resources, LLC. Clay Carlson has signed an affidavit on behalf of Platte River Farms dedicating their 12 shares to this SWSP. Tower Property Share Ownershin Entity No. of Shares Change Case Platte River Farms 12 SWSP 0202503 Ag ,regate Industries 22 SWSP 0202565 Ready Mixed Concrete Co 11 The complete ownership and historic use data for the 45 shares used at the Tower property were found to be incomplete by the Applicant's engineer. Based on their research historic irrigation may have exceeded 200 acres. The analysis of the Potty Mann shares and the historical use analysis performed in OOCW202 and 01CW258 show that Fulton Ditch shares were typically issued on the basis of about 1 acre of irrigated land per share. Therefore it is likely that there were once more shares used on the Tower property or that the 45 shares were not used to irrigate the full property. For the purposes of this SWSP only, the 12 Tower shares owned by Platte River Farms will use the Potty Mann consumptive use and return flow factors that are described below. The HCU analysis of the 50 Polly Mann shares was completed using the StateCU consumptive use model. The study period for the HCU analysis is 1942 to 1981 and is consistent with the study period used in the change case no. OOCW202 engineering report. In the previous SWSP approval we indicated that if a future SWSP is requested for these shares, the study period must be extended through present, or the Applicant must provide additional detail to substantiate the claim that the 50 shares continued to be used for irrigation. According to the Applicant's water consultant this 40 -year period is representative of wet, average, and dry years and covers an era when the Fulton Ditch system was almost exclusively used for irrigation. In addition, the Applicant's water consultant stated that pending Senate Bill 15-183 "Quantify Water Right Historical Consumptive Use" ("SB183") addresses among other things, the study period issue. Therefore the Applicant's water consultant requested to wait for the resolution of the bill before addressing a different position on this issue. For the purpose of this SWSP the study period the Applicant's study periods will be accepted, however for any renewal request of this SWSP, the Applicant must show that there was no unjustified use of the subject 50 Polly Mann shares after 1981. Historical diversion data recorded for irrigation use were tabulated and the pro -rata diversions attributable to the 50 shares were input into the CU model. A 20% ditch loss was assumed based on similar Fulton Ditch change cases and experience with various ditch systems in District 2. A maximum farm efficiency value of 65% was assumed based upon other change cases in the area. In the previous SWSP we indicated that the irrigation efficiency is accepted by the SEO for this SWSP period, however for any future SWSP more information needs to be provided to substantiate the 65% field irrigation efficiency value. According to the information provided the Applicant's water consultant still believes that the 65% irrigation efficiency value is appropriate for the use in the HCU analysis, although no specific information was provided to substantiate the 65% irrigation efficiency value. Since, no specific information was provided to substantiate the 65% irrigation efficiency value the