2017-01-09_HYDROLOGY - M1977572

• Permit No: M1977572
• IBM Index Class Name: Hydrology
• Doc Date: 1/9/2017
• Doc Name Note: Comments 6/1/2016-3/31/2017
• Doc Name: Comments 6/1/2016-3/31/2017
• From: DNR Water Resources
• To: DRMS
• Email Name: AME
• Media Type: D
• Archive: No

Daniel J. Gillham, P.E. Page 2 of 6
January 6, 2017
2016, the 2015-2016 SWSP cannot be amended for the period prior to May 25. However,
according to the Applicant's accounting, it does appear that the Applicant made replacements to
offset the increased exposed ground water area beginning in November 2015, thereby preventing
injury to the stream.
Case no. 13CW3060 was decreed on September 28, 2016. Therefore, this SWSP will replace all
depletions from the exposed ground water from June 1, 2016 through September 27, 2016 using:
1) The above referenced replacement water available by agreement with CPW
from their water portfolio with LAWMA. According to the agreements, 53.165
acre-feet of fully consumable replacement water will be provided to Lamar for
the period of June 1, 2016 through May 31, 2017. Copies of the March 28, 2016
Temporary Special Use Agreement between Lamar and CPW and the August 2,
2000 Water Management Agreement between CPW and LAWMA, are attached.
2) Excess accretions to the Arkansas River from the operation of Lamar's Rule 14
Plan and plan for augmentation decreed by the Division 2 Water Court in case
no. 05CW107-A. The accretions are given in the attached Table 3, which is a
projection of Lamar's depletions and accretions from April 2016 through March
2017.
From September 28, 2016 until expiration of this SWSP, or the date the CPW water becomes a
decreed source of replacement water under case no. 13CW3060 (whichever comes first),
depletions not replaced by the augmentation plan decreed in case no. 13CW3060 will be
replaced using the above referenced replacement water available by agreement with CPW from
their water portfolio with LAWMA.
The applicant did not provide a projection for the SWSP past March 31, 2017. However, the
applicant anticipates adding the LAWMA water as a permanent source of replacement water in
case no. 13CW3060 in accordance with that decree and therefore does not anticipate a need for
this SWSP past the spring of 2017. Therefore, this SWSP has been given an expiration date of
March 31, 2017 to match the SWSP projection provided.
PLAN OF OPERATION
Mining at this site was completed by Valco, who then transferred ownership of the property to
Lamar on April 30, 2013. Lamar is now responsible for replacement water requirements for the
North Gateway Park Ponds, which are currently registered under valid permit no. 52184-F. A
June 29, 2012 survey of Ponds 1, 2 and 3 indicated that there were 30.2 acres at the site. Since
then, the berm between Ponds 2 and 3 has been breached (Ponds 2 and 3 will now be
collectively referred to as "Pond 2"). Ponds 1 and 2 were resurveyed in September of 2015 and
staff gages were installed on November 19, 2015, which indicate that the maximum normal
water surface area of the Ponds is 32.87 acres. Elevation-area tables for Ponds 1 (WDID
6706363) and 2 (WDID 06706707855) are provided in Exhibits A and B.
A comparison was made of the first substitute supply plan request (which indicated that on
December 1, 1980, 13.2 acres of pond area existed), versus the present normal pond area of
32.87 acres, it was determined that 7.0 acres qualified as pre-1981 exposure and 25.87 of which
were exposed post 1981. The pre-1981 exposed water surface must be in the same location as