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Mr. Jared Dains Page 3 <br />February 22, 2010 <br />5,358 acre-feet per year, which yields an average consumptive use credit of 10.31 acre-feet per <br />share (5,358 acre-feet/519.7 shares). <br />Based on the above, the 5 shares to be used in this plan results in a consumptive use <br />credit of approximately 51 acre-feet per year (10.31 acre-feet per share x 5 shares). The Applicant <br />owns a total of six GIC shares. One of the Applicant's shares was associated with Farm W-49, <br />which is now dried up because it is part of the Bucklen Pit. The other five shares were referred to <br />as "floating shares" in case no. 1996CW658. In accordance with paragraph 19 of case no. <br />1996CW658 the lands historically irrigated by the "floating shares" are reported to have already <br />been dried up and are no longer irrigated. <br />In paragraph 6.7.4 of the decree in case no. 1996CW658, future farm headgate deliveries <br />of the 67.75 shares,were limited to 1,712 acre-feet per year (25.26 acre-feet per share) and 12,631 <br />acre-feet 186.43 acre-feet per share) in any consecutive 10 year period. Deliveries of the 5 shares <br />of GIC water under this plan must comply with these limits. The historical return flows shall be <br />maintained in accordance with the return flow factors identified in case no. 1996CW658. The <br />return flows associated with the delivery of Fossil Creek Reservoir water that is attributable to the 5 <br />GIC shares shall also be maintained in accordance with the surface and subsurface factors <br />decreed in case nos. 1996CW658. Pursuant to paragraph 6.7.6 of case no. 1996CW658, the <br />subsurface component of the return flow obligation will be calculated by multiplying the 5 year <br />running average annual farm headgate deliveries of GIC direct flow water and Fossil Creek <br />Reservoir water. The average annual deliveries for the last 5 years are shown in the table below: <br /> 5 year running average GIC #3 <br />Direct Flow River Headgate <br />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 />2009 12,930 24.9 0 0 <br />2008 15,775 27.4 198 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 />Total 80,013 151 1196 .2.3 <br />5-year average 16,002.6 30.2 239.2 0.46 <br />As specified in case no. 96CW658, all deliveries of GIC water incur an immediate <br />surface return flow obligation of 23.7%. The use of the GIC shares will also result in a <br />subsurface return flow obligation throughout the year. For the months for which delivery records <br />are not available (September and October) you projected the deliveries based on average <br />deliveries over the 2004-2008 period. The estimated subsurface return flow obligations for the <br />water year 2010 for the GIC direct deliveries and Fossil Creek Reservoir deliveries are 12.93 <br />acre-feet and 0.00 acre-feet, respectively (Table 3). <br />During the period of November 2009 through March 2010, a lease of 13.41 acre-feet of <br />fully consumable water provided by the Platte River Power Authority ("PRPA") will be used to