GENERAL42200

• Permit No: M1988048
• IBM Index Class Name: General Documents
• Doc Date: 6/13/1988
• Doc Name: LEGAL DESCRIPTION
• Media Type: D
• Archive: No

Mr. R.A. Everist • •
May 18, 1988
Page 5
The right has not been used for the past several years due to the diversion
dam being washed out by high flows. This has occurred on occasion in the
past.
According to Lloyd Thomas, the Poultry right has historically been used to
irrigate approximately 15 acres. This is consistent with the general rule
of 1 cfs per 40 acres in the South Platte Basin. Based on this rule, the
0.39 cfs decreed flow of the Poultry right would be adequate for 16 acres.
Based on 15 acres irrigated by the Poultry right, the historic consumptive
use of the right is estimated as 22 and 24 acre-feet per year for average
and dry years, respectively (modified Blaney-Griddle Method TR-21 using
climatic data from Ft. Collins weather station).
Analysis of Use of Poultry Right for the Proposed Mine
The Lone Tree Poultry right could be used to replace depletions from the
proposed mine. The estimated consumptive use of the proposed mine is 16
acre-feet per year; the historic consumptive use of the Lone Tree Poultry
right is estimated as 22 to 24 acre-feet per year. The historic point of
diversion of the Poultry right is located near the northern boundary of the
proposed mine (Figure 1). The proposed point of diversion of this right
for use at the gravel pit would be approximately 2000 feet downstream of
the historic diversion point. Moving the point of diversion in such a
manner will have no effect on other water rights or flows in the Lone Tree
Creek basin as there are no intervening water rights between the historic
and proposed diversion points. The nearest water right to the Poultry
right is the Lone Tree water right for 0.11 cfs located approximately 3.5
miles downstream.
The land historically irrigated by the Poultry right is included in the
proposed mine area (Figure 1). Use of the Poultry right to replace
depletions will not cause injury to other users or affect flows in the
Upper Lone Tree Creek basin. The Poultry right is senior to the Giffin
Reservoir rights which are the controlling water rights in the upper basin.
PLAN OF AUGMENTATION FOR PROPOSED MINE
Water for the proposed gravel pit near Carr, Colorado will be obtained from
Lone Tree Creek. Water will be diverted in-priority under a new junior
water right to flll and then maintain the water level of two storage ponds
on the mine site. The junior water right will be for both diversion and
storage for dust control, awash plant, and other uses as needed on the
proposed mine site.
The two ponds on the mine site will have a total capacity of approximately
20 acre-feet, and wlll be used to obtain water supply for a recycling
system for the wash plant and dust control on the project site. All return
flows from the wash plant will be directed towards the two ponds. The
ponds wlll be clay-lined to prevent seepage and may be used simultaneously
or one at a time.