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Rick Parsons <br />MEtG SWSP <br />September 17, 2015 <br />Deliveries limitation to the Polly Mann Pit for recharge <br />Page 5 of 8 <br />Jan <br />Feb <br />Mar <br />Apr <br />May <br />Jun <br />Jul <br />Aug <br />Sep <br />Oct <br />Nov <br />Dec <br />Total <br />0.0 <br />0.0 <br />0.0 <br />4.5 <br />17.5 <br />27.6 <br />34.6 <br />29.8 <br />19.8 <br />9.3 <br />0.0 <br />0.0 <br />143.3 <br />The water delivered to the pit will be multiplied by the CU factors above to determine <br />the CU portion and the surface return portion. The CU portion will be lagged to the river and <br />credited as replacement for lagged evaporation depletions and the calculated wintertime return <br />flow obligations. The surface return portion will exit the northwest corner of the pit through a <br />corrugated metal pipe under 120th Ave and will reach the east bank of the South Platte River on <br />the north side of 120th Avenue. Winter time return flows will be calculated based on the total <br />amount recharged during the previous irrigation season. The recharge operation will require a <br />measurement structure capable of measuring and recording the farm headgate deliveries into <br />the pit, and a measurement structure capable of measuring and recording the surface return <br />portion that is returned to the river. The surface return measurement structure must not also <br />intercept storm water runoff. No credit will be given to water delivered to the pit or returned <br />back to the river that is not measured to the satisfaction of the water commissioner. According <br />to the information received from the Applicant, on April 2, 2014 the required water <br />measurement device was installed thus the measurement structure is capable of measuring and <br />recording the surface return portion that is returned to the river. However the water <br />commissioner has to also approve this structure before credit can be given to water delivered to <br />the pit or returned back to the river. According to the information provided by the water <br />commissioner the required measuring device for the recharge _o ep ration identified in the <br />SWSP has not been approved. However the Applicant was claiming deliveries for recharge <br />in the accounting for the months of May, June and July 2015. Since deliveries for <br />recharge was not allowed as the proper measuring device was not in place, the Applicant <br />is hereby notified that this SWSP will not be renewed for the MFtG site which would result in <br />Cease and Desist Orders against the mine site unless the required measuring device for <br />the recharge operation has been approved by the water commissioner. <br />Non -irrigation uses are limited in agreement with other Fulton Ditch historic consumptive <br />use analyses, current ditch operations, and expected yields during a dry year. It is possible the <br />ditch will be limited to its 1865 right of 79.7 cfs during parts of the season. This would result in <br />deliveries to each of the three ditch sections for 2 days on and 4 days off with 1 cfs delivered to <br />each 38.4 shares owned (1 miner's inch per share) for about 10 days per month. This translates <br />to approximately 1.59 cfs for all 61 shares. <br />The SEO has accepted the HCU analysis based on the previous factor from change case <br />no. OOCW202. However the Applicant is hereby notified that this is the last year this <br />analysis is accepted. Any future SWSP requests must provide additional information about <br />the use of the Fulton Ditch shares on the Polly Mann and Tower farms, including years of <br />use and justification of use of the subject 50 Polly Mann shares after the end of the chosen <br />study period and a NEW historical use analysis. <br />Long Term Augmentation Requirements <br />In accordance with the letter dated April 30, 2010 (attached) from the Colorado Division <br />of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply <br />