2010-07-07_HYDROLOGY - M1999006 - Laserfiche WebLink

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10- Cheryl Signs, P.E. Page 3 Kurtz Pit, DRMS-1999-006 Water was diverted through the Rural Ditch for storage in 112 Reservoir and the Dakolios Reservoir over the extended free river period that started in September 2009 and continued through the beginning of June 2010. According to the decree in case no. 2001 CW274, water stored in the reservoirs or used directly at the point of diversion may be used for replacement of depletions at the mining sites owned or leased by VCI. The Kurtz Pit site has been identified as one of the mining sites where the junior water rights decreed in case no. 2001 CW274 may be used as a source of replacement water. You indicated that as of May 2010 the water stored in the 112 Reservoir and Dakolios Reservoir totaled 1,627 acre-feet consisting of a combination of Rural Ditch water and junior water decreed in case no. 2001 CW274. The attached Tables 2A and 2B show the reservoirs operations over the next two years. The average ground water contribution and direct and indirect precipitation for the two pits has been included in the study. The Applicant intends to exchange the junior water for some of the Rural Ditch water that had previously been stored in the 112 Reservoir. Thus, the replacements for depletions at Kurtz Pit will be satisfied by delivery of junior water decreed in case no. 2001 CW274 and previously stored in the 112 and Dakolios Reservoirs. Delivery of augmentation water to the Saint Vrain Creek is subject to transit losses as determined by the water commissioner and the division engineer. Although not proposed to be used in this plan, additional replacements for depletions if necessary could be made by releases of a portion of four shares in the Rural Ditch Company water that is stored in the 112 and Dakolios lined pits. The Rural Ditch Company four shares were historically used to irrigate 158.9 acres on the 112-parcel site and these shares were used in the previous plans. Consumptive use credits from the 4 shares of the Rural Ditch that are not used to replace depletions during the irrigation season will be stored in the 112 Reservoir and subsequently released to replace non-irrigation season depletions. An application for a change of water right (to allow the applicant's Rural Ditch shares to be used in addition to irrigation for augmentation, replacement, exchange, commercial, industrial, recreational, piscatorial, wildlife propagation and storage) and approval of a plan for augmentation was filed with the Water Court in Case No. 2003CW306. The historical consumptive of the four shares of the Rural Ditch water averages 265.50 acre-feet per year. Excess consumptive use credits of Rural Ditch four shares stored in the 112 Reservoir will also be released to replace non-irrigation season depletions for the Durham Pit and Everist's Lohmann Pit, Rinn Valley Pit, Firestone Pit, Fort Lupton Pit and Lupton Meadows Pit. The monthly depletions and replacement requirements are found on the attached Table 1. 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 is not decreed in water court by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee of $257 no later than September 15, 2010. 2. Well permit no. 52945-F, was obtained for the current use and exposed pond surface area of the gravel pit pond in accordance with §37-90-137(2) and (11), C.R.S. However if the dewatering ceases and the exposed surface area will exceed the exposed surface area identified in well permit no. 52945-F, a new well permit must be obtained in accordance with § 37-90-137(2) and (11), C.R.S. In addition, if well no. 2489-FR is being used for dewatering at the Kurtz site a new well permit must be obtained for dewatering purposes in accordance with § 37-90-137(2), C.R.S. The provisions of § 37- 90-137(2), C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet of any