2017-12-28_INSPECTION - M1985026 (3)

Home Browse Search

Mr. Peter Wayland Page 3 of 7 Challenger SWSP November 17, 2016 replacement source, Loveland shall comply with the Interim Rule issued by the Northern Colorado Water Conservancy District ("Northern District") in May 2005, regarding the use of C-BT Project water in substitute water supply plans. Prior to the use of C-BT Project water, Loveland is required to notify this office, the division engineer and the water commissioner of the amount of C-BT Project water dedicated to this plan and provide a copy of the Northern District's approval letter as required by paragraph I(g) of the Northern District's May, 2005 Interim Rule. A review of the irrigation practices at Challenger Farm indicates that 20 shares of the Hill lr Brush were used to irrigate approximately 100 acres, of which 37 acres have been dried up due to the mining project. The dry up of 37 acres is associated with 7.4 shares of the water right. The average year analysis shows that on an average year the historic net stream depletions as a result of the 7.4 shares are 59.88 acre-feet per year. This would provide a credit of 61.81 acre-feet during the irrigation season, and a return flow obligation of 1.93 acre-feet during the non-irrigation season (see attached Table All.2). The dry year analysis shows modeled the results of the 2002 irrigation year. This analysis showed that on a dry year the historic net stream depletion as a result of the 7.4 shares is only 28.66 acre-feet. This would provide a credit of 33.25 acre-feet during the months of May and June only, and a return flow obligation of 4.59 acre-feet during the remainder of the year (See attached Table A11.3). During a future dry year, the current 25-year lease with Loveland would not be sufficient during the months of July, August, and September. The Applicant has stated they are currently negotiating with the City of 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 were required by the previous SWSP to continue to be diverted in priority at the ditch then measured back to the Big Thompson River. Additionally adequate measuring devices acceptable to the water commissioner were to be installed. Communications with the Applicant revealed this measurement structure was not installed. 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. Because the Applicant depends on these shares to provide replacement in the summer, this plan will expire on March 31, 2017 but will automatically be extended_ to December 31, 2017 or December 31, 2018 (subject to condition no. 1) upon Water Commissioner approval of the measurement structure. Long Term Depletions In accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS required that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. A response to the DRMS