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<br />. mining area, Calamity Draw, Tuttle Draw, and into a <br />sublateral canal off the West lateral irrigation Ditch. <br />Details are provided in Section 4.3. This transferral yses <br />existing ditches and diversion structures. <br />- The water-rights issues requiring resolution can be <br />divided into two separate but related areas. First, mining <br />will result in consumptive use (C. U.) of eater, which must be <br />provided for. ~ Second, dewaterinq of the pits will remove <br />Ovate;.from the shallow ground-eater system thereby affecting <br />surface^water rights. Hence, a mitigation plan is required <br />£o prevent impact to these rignts. Because the mitigated <br />rights are associated with a-historic consumptive use, no <br />consumptive-use deficits result from the mitigation plan. <br />• The pit-inflow water represents a credit.vhich offsets the <br />water used for augmentation where downstream rights are <br />concerned. <br />Tha Following table summazizes the annual water budget <br />related to the mining operation. Peabody owns 27 shares of <br />the Colorado Co-operative Company. Thies represents an <br />average annual diversion of 273.3 acre-feet, and a <br />consumptive use of 114.5 acre-feet. Calculation of the <br />historical consumptive use, performed using the modified <br />~el aney-Griddle method, is described in Section 4.2. In <br />addition, Peabody will have, if this plan is adopted, <br />7 <br />GEOiRANS,MK. <br /> <br />REVLSED MARCH 2006 Attachment 2.05.3(3}16-52 <br />