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8/19/2018 <br /> Mr. Martellaro and Mr. Misbach <br /> Page 4 <br /> during fall and winter. SWSP Rule 14 describes the concept of "first fill" related to consumption of <br /> water and timing of depletions related to dewatering mining pits. <br /> Dewatering will initially result in more flow in Blue River as the pumps withdraw higher rates <br /> from the pit than the natural groundwater into and through the pit to the river. Eventually the <br /> pumped flow and groundwater into the pit will be about the same rate and similar to historical rates. <br /> However, when the pumping to Maryland Creek is stopped in fall months, the combined surface <br /> (zero) and groundwater return flow to Blue River will be less than historical rates until the gravel pit <br /> refills and ground water flow equilibrates. The result is out-of-priority depletion of the Blue River <br /> during the fall months and injury to downstream, senior water rights. The consumption component <br /> of this "first fill" effect is described in SWSP Rule 14 and occurs each year. However, the stream <br /> depletion related to annual re-filling includes the total pit volume, plus interstitial water in the draw- <br /> down zone, not just the volume of gravel extracted. And the out-of-sequence timing of the river <br /> depletion will occur each year. <br /> Complaints and Reauest for Relief <br /> It is our opinion that the change in mining method from a "wet" method using a dragline to a <br /> "dry" method that requires dewatering is responsible for injury to Lund Blue River Ditch and to other <br /> water rights on the Blue River. We have noted the following deficiencies in implementation of the <br /> Substitute Water Supply Plan (SWSP) and apparent violations of the State Engineer's rules that <br /> govern SWSPs. Those grievances are listed below: <br /> 1. Only wet mining is approved by the 2015 SWSP, with no dewatering of the pit allowed. <br /> 2. SWSP Rule 14 specifies when consumption of water occurs related to replacement of <br /> gravel by water. The calculated 16 acre feet of annual depletion of Blue River flow occurs in <br /> fall and winter months, out of timing-sequence with irrigation depletions from the four <br /> irrigation ditches that were used in the plan for augmentation sources. <br /> 3. The SWSP expired on December 31, 2016. Dry mining and associated dewatering are <br /> expressly not allowed in the water supply plan, but occurred the summer after the plan was <br /> approved and before it expired. <br /> 4. The SWSP does not approve lowering the water table, which has occurred and is <br /> responsible for the low efficacy of the Lund Blue River Ditch after the change in mining <br /> method occurred. <br /> 5. Injury to other water rights (including Lund Blue River Ditch) has occurred and provides <br /> justification for revocation or revision of the SWSP. <br /> 6. Rules 36 and 37 require monthly accounting and reporting of water balance components, <br /> replacements, and depletions. Has the reporting occurred for Maryland Creek Ranch <br />