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Mark McLean <br />July 18, 2007 <br />Page 2 <br />wells pursuant to Rule 4.2d of the Rules, and the delayed response of well pumping on the <br />surface streams. <br />REPLACEMENT <br />Replacemerit~operations are shown in Table 4 and show that~55.89 acre-feet of <br />replacement water• willibe.provided to replace the out-of-priority strearii depletions after <br />deducting delivery transit losses. Kirkland Construction, RLLP proposes to use the following <br />sources of replacement water to allow continued well pumping: <br />1. Lease from the Lower Arkansas Valley Water Conservancy, District for 6.9 acre-feet. <br />2. Lease from the Arkansas Groundwater Users Association for 48.99 acre-feet of <br />transmountain or other fully consumable water obtained from Cherokee Metropolitan <br />District. A transit loss of 17.0% has been estimated for the Cherokee water. <br />Please be advised that Cherokee may be moving their wastewater treatment facility to <br />an area located in the Upper Black Squirrel Creek Designated Groundwater Basin. The <br />reusable effluent return flow from the facility will no longer accrue to Sand Creek/Fountain <br />Creek, and will no longer be available as a replacement source. <br />Because 100% of the out-of-priority depletions to senior surface,water rights in Colorado <br />will be replaced during this plan year, no additional quantity has been di>termined for the <br />replacement of depletions to usable Stateline flow. The effectiveness of this replacement plan in <br />replacing depletions to usable Stateline flow will be evaluated following 'the end of the plan year <br />to determine if any additional replacements are required to replace depl~:tions to usable <br />Stateline flow caused by post-compact diversions of ground water pursuant to this plan. <br />It is estimated that an additional 21.98 acre-feet of stream depleiions will occur after the <br />March 31, 2008 expiration date of this plan due to diversions of ground vvater during the life of <br />this plan and pumping under previous plans. Replacement of these depletions, to the extent <br />they cause out-of-priority depletions, is proposed to be accomplished by the commitment of <br />sufficient funds to purchase future supplies of replacement water. <br />The State and Division Engineers have reviewed the plan and the: adequacy of each <br />source of water provided for use as augmentation water, including, wherj~ necessary, the <br />historical consumptive use of each water right, and return flows from diversion of waters <br />imported into the Arkansas River Basin or other fully consumable waters proposed for use as <br />augmentation water. <br />Based on stream depletions determined in accordance with the Riales, and consistent <br />with other provisions of the Rules, the State and Division Engineers have determined that, <br />subject to the terms and conditions set forth below, it appears the plan to divert tributary ground <br />water will provide sufficient augmentation water in amount, time, and loca•:ion to replace out-of- <br />priority depletions to senior surface water rights in Colorado and all depletions to usable <br />Stateline Flow caused by such diversions and may therefore be approved pursuant to Rule 7 of <br />the Rules. <br />