2008-08-01_REPORT - M1977184 - Laserfiche WebLink

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FINDINGS AN[D RUL1\G OF THE REFEREF AND DECREE OFTHE WATER couR r CITY OF FORT COLLINS Case \o.: 2005C:W262 Page b or I() If. Windy Gap Prgject Water: Windy Gap water is currently provided to Fort Collins =_r+c:h year by the Platte R iver Pourer Authority under terms and conditions ofa detailed reuse ;Ivre"ment. l5'indv (lap water is transmountain water that is decreed as fully consumable. The reuse acrcement has been previously approved by this Court in Case No. W-9322_78, by decree dated April 24. 1979. 13- Historical Use: ill l of the replacement water sources listed above have been decreed to in4lr.rd? repl;?cer;lectt: and augmentation use by previous decrees, Or, are transmountain water SOLIrces. Therefore. nn determination of historical use is needed in this decree. 4•uentatforl of -Out-of-Priority D A Depletions: Depletions resulting from evaporation Insscs from the non_grrmdfath; ed surface area of the Kingfisher Point Ponds shall be replaced, %' .hen oc;t..of-pTiUl'ifiy, according to the requirements of the plan for augmentation decreed herein. In cmler to prevent injury to vested water rights, the Kingfisher Paint Ponds must be included in Iris plan for augmentation. another decreed plan for augmentation, or an approved Substitute Water Supply Plan. 15. Det? lination of Surface Area , ub•ect to Au T entatio__ nip.Ian. The Court finds and ?:cirr.ludcs thict there; are currently 51.34 surface acres of exposed water in the Kingfisher Point Ponds Of this amount. 40.64 acres WkIS exposed on or before December 31, 1980. Pursuant to C'.R.S. ` 37-90•• 1:17(1 1 )(b)• this surface acreage is f;randfathered and no replacement of out-of- ,)rir)rii;: r.14cpIctions resultng from evaporation losses is required. The remaining { 0,7 surface .vas exposed subsequent to .December 31, 1980. Out-of-priority depletions resulting from evaporation losses from this acreage shall he replaced, as set forth herein. 16. C Aeration ?fPlan f_ e? ?r Augmentation: Fort Collins shall operate the plan for augmentation decreed herein according to the terms and conditions set forth below. a. Determination of rya orati.on Losses; The net evaporation value for this .plan shall be 2.34 acre- feet/acre per year. Total net evaporation losses from the Kingfisher Point Ponds will be 25.05 acre-feet per year (103 non-grandfathered surface acres x 2:34 ??l::.c?.;;'yr}, Mionthly net evaporation losses for this plan have been determined using the fiAlow;ng monthly net evaporation factors, and are as follows: It;nlh Net Evap. factor taf'ac January 0.074 February 0.084 March 0.107 April 0,174 ?Play 0.2 22 ,lucre 0.362 Ally 0,390 .AtI_ S` 0.354 Net Evan. Losses fad` 0.80 0.89 1.15 1.80 2.33 3.87 4.18 3.78