2010-02-22_HYDROLOGY - M1977522 - Laserfiche WebLink

Home Browse Search

Mr. Jared Dains, E.I. Page 3 February 19, 2010 for cooling purposes in connection with its Rawhide Energy Facility. Pursuant to the decree in case no. W-9332-78, if PRPA does not require the water for its own purposes, PRPA, Fort Collins, or other water users may utilize the w:ter for any other beneficial purpose including augmentation. In addition, PRPA has entered into an Agreement with the North Poudre Irrigation Company ("North Poudre") dated November 15, 1979 which grants PRPA to right to store surplus water (which is surplus water beyond the needs of the Rawhide Energy Facility) in Fossil Creek Reservoir and lease such water to others who can use such water from Fossil Creek Reservoir through direct delivery. As required by the Agreement, North Poudre and the water commissioner were informed by the PRPA lease with Star Ready Mix, Inc. In addition, according to the Agreement, releases of leased water to others shall be made in the months of September, October, November, February or March. Since the existing lease will also make replacements for months other than the months listed above, PRPA and North Poudre mutually agreed to lease the water for December 2009 and January 2010 and the water commissioner agreed to make the releases during those months. The releases will be made from Fossil Creek Reservoir to the Cache La Poudre River approximately 24.6 miles upstream of the estimated point of depletions from the Feit Pit. A 6.15 percent (0.25 percent per mile for 26.9 miles) river transit loss is included in the 16.12 acre-feet amount. The subject lease was signed on September 22, 2009 and a copy of the lease is attached to this letter. The Applicant has also obtained a lease from the Graham Drainage Ditch Company for 82.94 acre-feet of replacement water from the Graham Seepage & Drainage Canal water.right. This water right was decreed in case no. W-7818 as developed water, not tributary to the South Platte River. The Court found that 2,800 acre-feet of water was developed by the construction, development, and operation of the Graham Seepage & Drainage Canal; however, historically, only 1,330 acre-feet were consumptively used, with 1,470 acre-feet discharged as waste water to the Cache La Poudre River and its tributaries. In the decree entered in case no. W-7818, the Court indicated that it considered the Supreme Court decisions in the cases-of Southeastern Colorado Water Conservancy District et al v Shelton Farms and Southeastern Colorado Water Conservancy District v Colorado-New Mexico Land Co Inc 187 Colo. 181, 529 P.2d 13212 (1974). Based on the above, this SWSP will only recognize 1,330 acre-feet per year of consumable water. The current lease for the Graham Seepage & Drainage Canal water is for the period of April 2010 through October 2010 and a copy is attached to this letter. Deliveries to the Cache La Poudre are measured at a flume located approximately 380 feet from the mouth of the ditch and are made downstream of the estimated point of depletions from the Feit Pit, therefore no transit losses were assessed. The monthly depletions and replacement requirements are found on the attached Table 4. Conditions of Approval 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 is approved with the effective date of November 1, 2009 and shall be valid through October 31, 2010 unless otherwise revoked or modified. 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 September 15, 2010. 2. Well permit no. 54916-F was obtained for the current use and exposed pond surface area of the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. On April 25, 2005, well permit no. 54916-F was amended to include dewatering as a use at this site. 3. The total surface area of the groundwater exposed at the Feit Pit after December 31, 1980 must