2008-04-08_HYDROLOGY - M1983090 - Laserfiche WebLink

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Ms. Sara Foster April 8, 2008 Page 6 FirestieNTigges/Robe~rts properties. Firestien farmed 134 acres, which was imgated with ten shares of Whitney Ditch. Seven of the ten shares are dedicated to this plan including the walk-away requirement. The Tigges farm included ten shares of Whitney Ditch, which historically irrigated 120 acres. The applicant has dedicat~ad 4 shares to this plan and will reserve 6 shares to be used to cover walk-away requirements. The total consumptive use available for the 11 shares of Whitney Ditch averaged 198.68 acre-feet. In addition to the eleven shares of Whitney Ditch water, 9.6 shares of Kem Reservoir are dedicated as replacement water to this plan. Lot Holding Investments, LLC, a subsidiary company of Hall-Irvvin, owns Kemp Reservoir shares. During the months when there is a deficit, releases totaling 151.80 acre-feet associated with the 9.6 shares will be made from the Kem Reservoir (as reflected in the attached Table 1). Ttie 151.80 acre-feet also include 60.68 acre-feet which represents the return flow from the 9.6 shares. ~4 copy of the lease agreement with Kem Reservoir was provided to this office on January 14, 2008. After including the replacement water from Kem Reservoir, there will be a deficit of 2.58 acre- feet, which will be replaced through a water lease agreement available under the Town of Milliken ("Milliken") substitute water supply plan ("SWSP°) approved pursuant to C.R.S. 37-92-308(4). The consolidated Division 1 Water Court cases associated with the Milliken SWSP are 2002CW339 and 2005CW59. Of the 2.58 acre-feet of leased water from Milliken, approximately 0.22 acre-feet will cover transit losses (0.5 pen;,ent per mile for 15.9 miles). The existing lease is for 63.06 acre-feet. Of the 63.06 acre-feet, 58.67 acre-feet are dedicated for replacement of depletions at the Bernhardt Pit (DRMS M2002-120). The remiaining 4.39 acre-feet (63.06 - 58.67) will be used to replace the remaining 2.58 acre-feet of depletions referenced above. A copy of the Milliken lease was provided to this office on March 18, 2008 and is~ attached to this letter. The monthly depletions and replacement requirements are found on the attached Table 1. I hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11), C.R.S., subject to the following conditions: 1. This plan shall be valid for the period of January 1, 2008 through December 31, 2008 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee of $257 for each DRMS site no later than November 15, 2008. 2. The total area of pond surface exposed after December 31, 1980 for each of the pits shall not exceed those values listed in Table A of this approval. Should the total surface area exposed exceed those amounts, the Applicant is required to immediately file an amendment with this office. 3. The total amount of ground water to be appropriated from each of the pits shall not exceed the values listed in Table B of this approval. 4. Approval of this plan is for the purposes stated herein. Any additional uses of this water must first be approved by this office. Any future additional historical consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 5. All pumping for dust control shall be measured in a manner acceptable to the division engineer. 6. All releases of replacement water must be sufficient to cover all out-of-priority depletions in time, place, and amount and must be made under the direction and/or the approval of the