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Mr. Jared Dains, E.I. <br />December 16, 2009 <br />Page 2 of 5 <br />• 21.02 acre -feet for evaporative losses <br />• 1 acre -foot for dust control <br />• Total Consumptive Use = 22.02 acre -feet <br />• Total Lagged, Consumptive Use = 19.90 acre -feet <br />The SWSP accounts for depletions from current and past consumptive use at the Loloff <br />site. The lagged depletions were calculated using an SDF of 60 days. Because the pit was not <br />dewatered or mined in 2009 as planned, the consumptive uses during 2009 were assumed to <br />equal the consumptive uses for 2010. Attached Table 1 specifies the lagged depletions from the <br />evaporation and mining operations. <br />Replacement Sources <br />The replacement sources proposed for this operation include a lease from the Platte <br />River Power Authority and a lease from Graham Ditch Company. These sources will make the <br />replacement above the headgate of the Ogilvy Ditch. <br />During 2010, a lease of 6.90 acre -feet of fully consumable water provided by the Platte <br />River Power Authority ( "PRPA ") will be used to make replacements during the non - irrigation <br />season (November through March). PRPA has an Agreement dated August 10, 1978 for Reuse <br />of Water for Energy Generation with the City of Fort Collins ( "Fort Collins ") and Water Supply <br />and Storage Company ( "WSSC "). PRPA, Fort Collins, and WSSC also obtain approval of a plan <br />for augmentation including reuse of water in case no. W- 9322 -78. This water right was decreed <br />in case no. W- 9322 -78 as developed water, not tributary to the South Platte River. The Court <br />found that 4,200 acre -feet, or more per year will be available from Fort Collins to the PRPA to <br />be used primarily for cooling purposes in connection with its Rawhide Energy Station. Pursuant <br />to the decree in case no. W- 9322 -78 if PRPA does not require the water for its own purposes, it <br />or Fort Collins or other water users designated by it may utilize the water for any other beneficial <br />purposes including augmentation. In addition, PRPA has entered into an Agreement with the <br />North Poudre Irrigation Company ( "North Poudre") dated November 15, 1979 which grants <br />PRPA to right to store surplus water (which is surplus water beyond the needs of the Rawhide <br />Energy Station) in the Fossil Creek Reservoir and lease such water to others who can use such <br />water from Fossil Creek Reservoir through direct delivery. As required by the Agreement, North <br />Poudre and the water commissioner were informed by the PRPA of the lease with Loloff <br />Construction, Inc. In addition, according to the Agreement releases of leased water to others <br />shall be made in the months of September, October, November, February or March. Since the <br />existing lease will also make replacements for months other than the months listed above, <br />PRPA and North Poudre mutually agreed to lease the water for January and December 2010 <br />and the water commissioner agreed to make the releases during those months. The releases <br />will be made from Fossil Creek Reservoir to the Cache La Poudre River approximately 30.3 <br />miles upstream of the estimated point of depletions from the Loloff Pit. A 7.58 percent (0.25 <br />percent per mile for 30.3 miles) river transit loss is included in the 6.90 acre -feet amount. A copy <br />of the Platte River Power Authority lease was provided to this office with the SWSP renewal <br />request and is attached to this letter. <br />In addition, during 2010, a lease from the Graham Drainage Ditch Company for 14.20 <br />acre -feet of replacement water from the Graham Seepage & Drainage Canal water right will <br />make replacement from April through October. This water right was decreed in case no. W- <br />7818 as developed water, not tributary to the South Platte River. The Court found that 2,800 <br />