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David M. Heintz S &t H Mine SWSP <br /> February 16, 2023 <br /> Page 4 of 11 <br /> to the river. Therefore, no transit losses will be applied and there will be no interviewing <br /> water rights to be injured. The District 2 Water Commissioner approved the diversion of South <br /> Platte River water into Milliken Reservoir during periods of free river in April 2016, December <br /> 2016, January 2017, May 2017, June 2017, September 2017, October 2017, May 2018, June <br /> 2018, and September 2018. The necessary measurement and recording devices for pumping <br /> water into the river were approved by the water commissioner on August 18, 2014. As of <br /> February 1, 2023 the current water in storage in Milliken Reservoir is 745 acre-feet. <br /> Heaton Reservoir Storage (WDID 0504089) <br /> Heaton Reservoir (WDID 0504089) is located in Section 9, T2N, R68W, 6th P.M. Water stored <br /> under the right decreed in case no. 2001CW193 is delivered to the reservoir through the Rural <br /> Ditch (WDID 0600551). The date of appropriation for the Heaton Reservoir storage right is <br /> October 26, 2001 for 680 acre-feet, conditional, with uses that include, among others, <br /> augmentation and replacement, subject to the right to fill and refill as described in case no. <br /> 2001CW193. Replacement water will be pumped from Heaton Reservoir directly into the St. <br /> Vrain River just downstream of the confluence with Boulder Creek. The Applicant would have <br /> to obtain permission from the District 5 water commissioner to verify the Heaton Reservoir <br /> water can make it past any dry up locations between the release location and the confluence <br /> of the St. Vrain River and the South Platte River. Any Heaton Reservoir water used to make <br /> replacements for the S&tG Mine will be assessed a transit loss based on 15 stream miles. <br /> Transit loss is therefore currently 7.5 percent (0.5 percent per mile) but is subject to <br /> assessment and modification as determined by the water commissioner or division engineer. <br /> Greeley 35'Avenue Reservoir Storage (WDID 0303844) <br /> The Greeley 35th Avenue Reservoir ("Reservoir") is a lined Reservoir, located in Section 35, <br /> Township 6 North, Range 66 West of the 61h P.M. The reservoir was decreed for storage in Case <br /> No. 98CW476. In January 2018 MMM began filling the Reservoir under free river conditions and <br /> continued in 2019 and 2020. In order to use the stored water for replacement purposes the <br /> water will be pumped from the Reservoir directly to the Cache La Poudre River at the <br /> westernmost border of the Greeley 35th Avenue Pit (M1977-036). Pumping from the Reservoir <br /> may only be used for replacement of depletions at the S&tG Mine if the calling water right is <br /> downstream of the confluence of the Cache La Poudre River and the South Platte River and <br /> intervening water rights between the SFIG Mine and the Cache La Poudre River would not <br /> otherwise be injured by the downstream replacement. Prior to using the Reservoir for <br /> replacement purposes under this SWSP, approval from the District 2 and District 3 water <br /> commissioners must first be obtained. Deliveries of replacement water from the Reservoir <br /> are subject to transit loss from the point of release to the confluence of the Cache La Poudre <br /> River and the South Platte River. Conveyance loss for delivery of augmentation water is <br /> subject to assessment and modification as determined by the water commissioner or division <br /> engineer. Prior to the use of the Greeley 35th Avenue Reservoir water, the Applicant is <br /> required to notify the water commissioner and obtain the water commissioner's approval <br /> at least 48 hours prior to use, or less if allowed by the water commissioner. In addition, <br /> to verify the amount of free river water in storage in the Greeley 35th Avenue Reservoir <br /> the applicant must provide monthly reservoir accounting and the accounting must be <br />