2008-11-21_HYDROLOGY - M1983193 - Laserfiche WebLink

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Jared Dains Page 2 November 20, 2008 Replacement The proposed source of replacement water for this pond during the first part of the year (January through July) is the Applicant's NT Arapahoe Entitlement decreed in Water Court Case No. 1984CW73. Case No. 1984CW73 quantified the amount of water underlying the applicant's land within, the Arapahoe aquifer to an annual production of 9.45 acre-feet at a rate not to exceed 200 GPM. Because only 98% of the water can be withdrawn for use under Monks' decree, their 9.45 acre-feet will provide only 9.26 acre-feet of water. The remaining 2% must be relinquished to the alluvial aquifer. All of this entitlement will be withdrawn from the Applicants NT Arapahoe Well, 26943-F, and will be dedicated to this plan. The remainder of the replacement water for this pond will be leased Pioneer's NNT Arapahoe Entitlement decreed in Water Court Case No. 2002CW66. Pioneer obtained an augmentation plan where the NNT Arapahoe will provide 34.89 acre-feet, after relinquishment of 4% of the annual available appropriation, results in 33.49 acre-feet available annually. The decree provides that the groundwater decreed may be withdrawn by wells located on lands contiguous to the Subject land. Pioneer then obtained Permit No. 64792-F pursuant to the decree to appropriate water through Well No. 26943-F, which is located on Monks' land. Monks and Pioneer have entered into a 3 year lease where Pioneer will lease up to 12 acre-feet annually to Monks. Of the 12 AF appropriated under Permit No. 64792-F, 11.52 AF will be available for use and the remaining 2% will be returned to the alluvial aquifer. The lease also states that in the future if Pioneer determines that Pioneer's excess 12 AF is in fact not in excess of the amounts need by Pioneer, Pioneer may reduce the amount of water leased to Monks. Total water available for replacement from the two sources for this plan is 21.26 acre-feet annually. The leased water and Monks water will be delivered directly into the pond. The monthly depletions and replacement requirements are found on the attached Table 3. Note that only water rights decreed for augmentation purposes may be used in this plan. Conditions of Approval As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been provided to an outside consultant for review. 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 through March 30, 2010 unless otherwise revoked or modified. C.R.S. ¶37-90-137(11) limits the plan period to two years. 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 (currently $257) no later than 90 days prior to the expiration date. 2. The Applicant must provide the name, address and phone number of the person who will be responsible for the operation of the plan to this office, the Division Engineer, and the Water Commissioner within 20 days of the receipt of this approval, and must be provided on the accounting forms submitted to the Division Engineer and Water Commissioner. 3. Prior to operation of this plan, the Applicant must obtain a new well permit for the exposure of ground water and the uses described herein in accordance with §37- 90-137(2) and (11), C.R.S. Once a permit is obtained, the Applicant must provide