2008-06-24_HYDROLOGY - M1989044 - Laserfiche WebLink

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Mr. William Blatchley June 17, 2008 Page 2 per year of phreatophyte credits for the sub-irrigated willows and grass. Computation of evaporation under this plan was also reduced during the ice covered period. You have assumed the ice covered period to extend from November 6 through April 4. However, for the purpose of this SWSP, the Applicant shall replace the net evaporation depletions from the exposed ground water surface area that may occur during the assumed ice covered period (November 6 through April 4) for any time that the pit is not completely covered by ice. Computation of the net evaporation during any time that the pit is not completely covered by ice shall be determined as the pro-rata amount of the monthly gross evaporation rate distribution amount identified in the State Engineer's General Guidelines for Substitute Supply Plans for Sand and Gravel Pits, subtracting the pro-rata amount of the effective precipitation for that period. The mining operation is located less than 100 feet from Twin Creek. As a result, depletions to Twin Creek are assumed to be instantaneous. The proposed source of replacement water for depletions resulting from this operation is a multi-year water lease agreement with the Mountain Mutual Reservoir Company ("MMRC"). According to this contract, the three year agreement for release of up to 3.0 acre-feet/year of replacement water has been executed and became effective on the date of the previous SWSP approval (August 3, 2006). Thus, this agreement is valid until August 3, 2009. The agreement indicates that the lessee shall have the option to extend the lease for two additional one year periods, thus, by August 3, 2009 the Applicant shall provide a copy of the extended lease to this office, the division engineer, and the water commissioner. If a new lease is not obtained by August 3, 2009 and copies provided as indicated in the previous sentence, this plan shall expire and all water use shall immediately cease. The new lease agreement must take into account all conditions set forth in this approval letter and must additionally provide for all transit losses associated with the delivery of the replacement water to the.point of depletion. A monthly breakdown of the annual depletions made up of 1.11 acre-feet of net evaporative loss (using an assumed ice covered period of November 6 through April 4) and 1 acre-foot of water lost with the mined product (which represents 20,000 cubic yards of aggregate) can be found on the attached Table I. Note that transit losses are not included and must still be added to the totals in Table I. Conditions of Approval hereby approve the proposed substitute water supply plan in accordance with § 37-90- 137(11), C.R.S. subject to the following conditions: This plan is approved with the effective date of May 1, 2008 and shall be valid through August 3, 2009. The expiration date of this SWSP will be extended until April 30, 2010, if a copy of an approved lease for the period of August 2009 through April 30, 2010 is provided to this office, the division engineer, and the water commissioner by August 3, 2009. If a new lease is not obtained by August 3, 2009 and copies provided as indicated in the previous sentence, this plan shall expire and all water use shall immediately cease. The new lease agreement must take into account all conditions set forth in this approval letter and must additionally provide for all transit losses associated with the delivery of the replacement water to the point of depletion. If a copy of an extended lease for the August 2009 through April 2010 period is not submitted by July 15, 2009, the Applicant shall immediately notify this office and the division engineer of the expected date of approval of an extended lease of replacement water. If this SWSP will not be made absolute by a water court action by the SWSPs expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) no later than March 16, 2010