2010-03-01_HYDROLOGY - M1977439 - Laserfiche WebLink

Home Browse Search

Ms. Sira Sartori February 24, 2010 Page 4 credits for 2009. The lagged accretions to the Cache la Poudre River are estimated to total 202.97 acre-feet for this approval period (includes carry over from recharge in previous years). During the months of May and June 2010, recharge accretions are insufficient to replace all lagged stream depletions, thus you have indicated that a lease from the Tri-Districts was obtained for additional replacement credits. The total amount of water required (including 7.8 percent transit losses) is 30.21 acre-feet. A copy of the lease with the Tri-Districts dated November 13, 2009 was provided tb this office and is attached to this letter. Also, for the months of March and' April 2010, a lease of 23.20 acre-feet of fully consumable water provided by the Platte River Power Authority ("PRPA") will be used to make replacements. PRPA has an "Agreement for the Reuse of Water for Energy Generation", dated August 10, 1978, with the City of Fort Collins ("Fort Collins") and Water Supply and Storage Company ("WSSC") that provides PRPA with the right to receive reusable water delivered by Fort Collins. PRPA, Fort Collins, and WSSC also obtained approval of a plan for augmentation including reuse of water in Division 1 Water Court Case no. W-9332-78. In case no. W-9332-78, the Court found that 4,200 acre-feet, or more per year, will be available from Fort Collins to the PRPA to be used primarily 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 water 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 requireg y the Agreement, North Poudre and the water commissioner were informed (W%e PRPA4ease with Lafarge. 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 0i _- months listed above, PRPA and North Poudre mutually agreed to lease the water for April 2010`'.and the water commissioner agreed to make the releases during this month. The releases will be made from Fossil Creek Reservoir to the Cache La Poudre River downstream of the estimated point of depletions from the three sites included in this combined plan. The subject lease was signed on December 10, 2009 and a copy of the lease is attached to this letter. A monthly breakdown of the stream depletions from the mining operation as well as the replacements made by lagged timing of the historical consumptive use credit is shown in the attached Table 5. I hereby approve this substitute water supply plan, in accordance with Section 37-90- 137(11.), C.R.S., subject to the following conditions: Conditions of Approval 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 expiratilon date, a renewal request must be submitted to this office with the statutory fee (currently $257 for each mining site) no later than September 15,-2009. a