2008-05-15_HYDROLOGY - M1978056 - Laserfiche WebLink

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Cheryl Signs, P.E. Page 2 Durham Pit, DRMS-1978-056 obligations) of historic stream depletions in the applicant's interest in the Fossil Creek Reservoir diverted from the Cache la Poudre River and previously used for irrigation of the mined property. The values for the historical use credits of the five shares of Greeley Canal No. 3 were prorated from the historical use analysis values decreed for the Greeley Irrigation Company in Case No. 96CW658. After applying the five shares of Greeley Canal No. 3 and the Fossil Creek Reservoir water, there will be 28.95 acre-feet of uncompensated depletions. Additional replacements for depletions during the non-irrigation season and during months with insufficient credits will be made by releases of irrigation season credits (265.5 acre-feet of headgate deliveries and 101.5 acre-feet of return flow obligations) from four shares in the Rural Ditch Company. The Rural Ditch Company four shares were historically used to irrigate 158.9 acres on the 112-parcel site and these shares were used in the previous plans. Consumptive use credits from the 4 shares of the Rural Ditch that are not used to replace depletions during the irrigation season will be stored in the 112 Reservoir and subsequently released to replace non-irrigation season depletions. A decree for a storage water right in the 112-lined pond was approved by the Division 1 Water Court in Case No. 2001 CW274. An application for a change of water right (to allow the applicant's Rural Ditch shares to be used in addition to irrigation for augmentation, replacement, exchange, commercial, industrial, recreational, piscatorial, wildlife propagation and storage) and approval of a plan for augmentation was filed with the Water Court in Case No. 2003CW306. The historical return flow obligation of the four Rural Ditch shares of 101,.5 acre-feet will also be maintained by the plan. The monthly depletions and replacement requirements are found on the attached Table 1. 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 is approved with the effective date of January 1, 2008 and shall be valid through December 31, 2009 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 no later than November 15, 2009. 2. A well permit no. 61773-F, was obtained for the current use and exposed pond surface area of the gravel pit pond in accordance with §37-90-137(2) and (11), C.R.S. 3. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 12.32 acres, which results in a maximum evaporative annual loss at the Durham Pit of 25.10 acre-feet. 4. The annual water used for dust control at the Durham Pit shall not exceed 2.76 acre-feet, the total product mined at the Durham Pit site shall not exceed 700,000 tons per year, which results in 20.60 acre-feet of water lost with the mined aggregate, and 3.50 acre-feet for concrete batching. 5. Total consumption at the Durham Pit must not exceed these aforementioned amounts unless an amendment is made to this plan. 6. Approval of this plan is for the purposes as stated herein. This office must first approve any additional uses for the water. Any future additional historic consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 7. All pumping for dust control shall be measured in a manner acceptable to the division engineer. 8. The water attributable to 5 shares of the Greeley Canal No. 3 and Fossil Creek Reservoir must continue to be diverted in priority at the ditch and reservoir then measured back to the Cache La Poudre River in the vicinity of the Durham Pit. Adequate measuring devices acceptable to the water commissioner must be installed.