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Mark McLean Page 2 <br />September 10, 2008 <br />through March 31, 2008-plan year and 17.05 acre-feet for the April 1, 2008 through March 31 2009 <br />plan year. Post plan year depletions are projected to be 4.39 acre-feet. <br />REPLACEMENT <br />Replacement water for the months of April, 2007 through December, 2007 is provided by <br />the Arkansas Groundwater Users Association (AGUA) excess Rule 14 plan replacement credits. <br />Between April, 2007 and December, 2007 AGUA had excess replacement credits from a variety of <br />sources. Replacements on behalf of this plan were made with excess credits from PBWW leased <br />water delivered to the Excelsior recharge ponds; recharge from the ponds returns to the Arkansas <br />River in the vicinity of the Evans #2 Pit. The following table shows the calculated amount of AGUA <br />excess replacement credits per the State's Rule 14 plan accounting. <br />Excess AGUA Rule 14 Credits A lied to Evans #2 Pit SWSP Acre-Feet <br />[April May June Jut Au ust Sept. Oct. Nov. Dec. <br />1.19 1.69 1.86 1.76 1.74 1.74 1.73 1.56 1.18 <br />Note: The values above are derived from the Colorado Division of Water Resources accounting. <br />During January, 2008 through March, 2009, leased fully consumable water from the Pikes <br />Peak Regional Water Authority, available pursuant to a 40-year lease, will be provided to cover <br />mining depletions. The lease indicates that Pikes Peak will deliver the quantity required for the <br />Evans #2 Pit to the Arkansas River at or near the Avondale gage (USGS Gaging Station No. <br />07109500). The total amount available is up to 175 acre-feet. The transit loss down Fountain Creek <br />and the Arkansas to the point of depletions is estimated at approximately 10 percent, but will be <br />determined by the Fountain Creek Transit Loss Model. Attached Tables 4A and 4B show the <br />proposed accounting forms. <br />Column 5 of attached Table 3 shows the proposed monthly replacement amounts to be made <br />available from both sources of water, including the 10 percent transit loss applied to the Pikes Peak <br />Regional Water Authority water, totaling 17.25 acre-feet for the 2007 plan year, and 18.94 acre-feet <br />for the 2008 plan year. As AGUA's Excelsior recharge pond credits accrue to the Arkansas River in <br />the vicinity of the Evans #2 Pit, no transit loss is applied to the AGUA excess credits. <br />Post Plan Depletions <br />Projected post plan depletions are shown at the bottom of attached Table 5. Projected post- <br />2008 plan year depletions are 4.39 acre-feet. The long-term replacement water lease agreement <br />with Pikes Peak Regional Water Authority provides a means to supply replacement water for 2008 <br />post plan depletions. <br />The State and Division Engineers have reviewed the plan and the adequacy of each source <br />of water provided for use as augmentation water, including, where necessary, the historical <br />consumptive use of each water right, and return flows from diversion of waters imported into the <br />Arkansas River Basin or other fully consumable waters proposed for use as augmentation water. <br />CONDITIONS OF APPROVAL <br />1, <br />This substitute water supply plan is hereby approved pursuant to Section 37-90-137(11), <br />C.R.S., subject to the following conditions: