2023-02-16_HYDROLOGY - M2000158 - Laserfiche WebLink

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David M. Heintz S &t H Mine SWSP February 16, 2023 Page 6 of 11 Consumptive Use Credits from Whitney Ditch MMM owns 12 Whitney Ditch shares which are used as a source of replacement water for the Parsons Mine (M2009-082). The shares are associated with the historical irrigation of lands with the mining boundaries of the Parsons Mine. The decreed source for the water rights under the Whitney Ditch is the Cache la Poudre River and the decreed point of diversion for the Whitney Ditch is on the north side of the Cache la Poudre River in the NW 1/4 of the SE 1/4 of Section 19, T 6 N, R 67 W, 6th P.M., Weld County. MMM's 12 shares in the Whitney Ditch Company, were changed for a variety of uses including augmentation/replacement in case no. 2008CW65. Case no. 2008CW65 relied on a ditch-wide analysis of the 320 total shares in the Whitney Ditch. Based on a study period of 1950 through 1995, the Court found that the average annual gross river diversion was 10,600.2 acre-feet per year, or 33.13 acre-feet per share. Total average annual farm headgate deliveries were found to be 9,010.2 acre-feet per year, or 28.16 acre-feet per share, based on a transit loss of 15% under the Whitney Ditch system. The ditch-wide analysis determined that the overall average consumptive use was 4,400.9 acre-feet per year or 13.75 acre-feet per share, assuming a farm efficiency of 60%. In case no. 2002CW331, 8 shares historically used on 74 acres were previously found to have a river headgate diversion of 33.42 acre-feet per share and a consumptive use of 16.32 acre-feet per share (130.5 acre-feet total). After removing the consumptive use decreed for the 8 shares in case no. 2002CW331, the historical consumptive use for the remaining 312 shares was determined to be 4,270.4 acre-feet, or 13.69 acre-feet per share. For MMM's 12 Whitney Ditch shares, the total average annual consumptive use would therefore equal to 164.25 acre-feet per year and 337.88 acre-feet of total deliveries. The 130.8 acres associated with the MMM's 12 shares have been dried-up. When the Whitney Ditch consumptive use credits are in excess of what is needed to replace depletions at the Parsons Mine, MMM requests the ability to use the excess credit for replacement of depletions at the SFIG Mine. MMM has obtained an agreement with the Greeley Irrigation Company ("GIC") allowing MMM to bypass the excess Whitney Ditch credits past the Greeley No. 3 Ditch headgate using the GIC's bypass structure in the event the Greeley No 3 Ditch is drying up the Cache La Poudre River. A transit loss will be assessed on the excess Whitney Ditch credits to be used for replacement of depletions at the SFIG Mine. The Cache La Poudre transit loss is currently assessed at a rate of 0.5 percent per mile and is subject to assessment and modification as determined by the water commissioner or division engineer. The distance between the point of Whitney Ditch consumptive use deliveries and the confluence of the South Platte River and Cache La Poudre River is 17.8 miles which totals 8.9% transit loss. Additionally, GIC requires a 15% transit loss to be assessed to any water delivered through the GIC bypass structure. Therefore, the transit loss for excess Whitney Ditch credits delivered for replacement of SFIG Mine depletions will be 23.9% when the bypass structure is used. The Whitney Ditch consumptive use credits may only be used for replacement of depletions at the S&tG Mine if the calling water right is downstream of the confluence of the Cache La Poudre River and the South Platte River and intervening water rights between the SFIG Mine and the Cache La Poudre River would not otherwise be injured by the downstream replacement. The Applicant must obtain written approval from the Division Engineer and permission from the Districts 2 and 3 water commissioners prior to using the excess Whitney Ditch consumptive use credits for replacement at SEtG Mine.