2010-03-02_HYDROLOGY - M1982131 - Laserfiche WebLink

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Mr. Jared Dains Page 4 r: February 22, 2010.1, make replacements during the non-irrigation season. 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 F'RPA 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 required by the Agreement, North Poudre and the water commissioner were informed by the PRPA of the lease with Bucklen Equipment Company, 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 Decernber 2009 and January 2010 and the water commissioner agreed to make the releases during,those months. For the existing lease, the releases will be made from Fossil Creek Reservoir td `the Cache La Poudre River approximately 26.9 miles upstream of the estimated point of depletions from the Bucklen Pit. A 6.73 percent (0.25 percent per mile for 26.9 miles) river transit loss is included in the 13.41 acre-feet amount. The PRPA lease was signed on September 22, 2009 and a copy of the lease is attached to this letter. Bucklen Enterprises has also obtained a lease from the City of Greeley for 1.51 acre-feet of replacement water. The City of Greeley lease will cover the remaining replacements during the months of April and October, 2010 after use of the changed GIC shares. The point of replacement for the water provided by the City of Greeley will be the Greeley Wastewater Treatment Plant. Because the releases are made downstream of the estimated point of depletion, no transit losses were assessed. A copy of the lease agreement (agreement dated September 11, 2009) with the City of Greeley for 1.51 acre-feet of consumable effluent from Greeley's wastewater plant was provided to this office with this renewal request and is attached to this letter. 4. The monthly depletions and replacement requirements are found on the attached Table 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