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Mr. Jared Dains Page 3 <br />January 27, 2009 <br />Based on the above, the 5 shares to be used in this plan results in a consumptive use credit of <br />approximately 51 acre-feet per year (10.31 acre-feet per share x 5 shares). Prior to the use of these five shares <br />in this plan, the Applicant is required to identify to this office and the water commissioner, the location of the <br />lands historically irrigated and shall demonstrate to the satisfaction of the water commissioner that these lands <br />have been removed from irrigation under the subject five GIC shares. <br />In paragraph 6.7.4 of the decree in case no. 1996CW658, future farm headgate deliveries of the <br />67.75 shares were limited to 1,712 acre-feet per year (25.26 acre-feet per share) and 12,631 acre-feet <br />186.43 acre-feet per share) in any consecutive 10 year period. Deliveries of the 5 shares of GIC water <br />under this plan must comply with these limits. The historical return flows shall be maintained in accordance <br />with the return flow factors identified in case no. 1996CW658. The return flows associated with the delivery <br />of Fossil Creek Reservoir water that is attributable to the 5 GIC shares shall also be maintained in <br />accordance with the surface and subsurface factors decreed in case nos. 1996CW658. Pursuant to <br />paragraph 6.7.6 of case no. 1996CW658, the subsurface component of the return flow obligation will be <br />calculated by multiplying the 5 year running average annual farm headgate deliveries of GIC direct flow <br />water and Fossil Creek Reservoir water. The average annual deliveries for the last 5 years are shown in the <br />table below: <br /> <br />5 year running average GIC #3 Direct <br />Flow River Head ate Delivery Total <br />Prorate to <br />One Share Fossil Creek <br />Reservoir Delivery <br />Total <br />Prorate to <br />One Share <br /> 519.7 shares total 1.0 1.0 <br />2008 15,446 29.7 198 0.38 <br />2007 17,419 33.5 196 0.38 <br />2006 18,499 35.6 764 1.47 <br />2005 15,390 29.6 38 0.07 <br />2004 16,131 31.0 255 0.49 <br />Total 82,885 159.5 1451 2.79 <br />5-year average 16,577 31.9 290 0.56 <br />As specified in case no. 96CW658 all deliveries of GIC water incur an immediate surface return <br />flow obligation of 23.7%. The use of the GIC shares will also result in a subsurface return flow obligation <br />throughout the year. Because this will be the first year these shares will be used for replacement, no <br />charge for the subsurface return flows for the period of November 2008 through March 2009 will be <br />assessed during the first year of use. Beginning with the delivery of GIC water in April 2009, the monthly <br />subsurface return flows will also be replaced under this plan. <br />During Water Year 2009, a lease of fully consumable water provided by the City of Greeley will be <br />used to make replacements during the non-irrigation season and the remaining summer replacements <br />after use of the changed GIC shares. Bucklen Enterprises has entered into a one year lease with the City <br />of Greeley for 10.00 acre-feet of replacement water. Of this amount, you have projected to only need <br />approximately 7 acre-feet for the term of this plan. The point of replacement for the water provided by the <br />City of Greeley will be the Greeley Wastewater Treatment Plant. Because, the releases are made <br />downstream of the estimated point of depletion, no transit losses were assessed. A copy of the lease <br />agreement with the City of Greeley for 10 acre-feet of consumable effluent from Greeley's wastewater