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Mr. Jared Dains, E.I. Page 3 of 7 <br />November 2, 2010 <br />River. The following parameters were used in the model: transmissivity (T) = 120,000 gallons per day <br />per foot, specific yield (SY) = 0.2, and the distance from the surface of the exposed surface water <br />areas to the Cache La Poudre River = 650 feet. The total lagged mining depletions during the SWSP <br />period are 71.24 acre-feet. <br />According to the Applicant, the distance from the surface of the exposed ground water <br />area to the Cache La Poudre River was measured based on the down gradient extent of the <br />exposed ground water surface (nearest point). For purposes of this SWSP, the method used <br />to measure the distance to estimate the lagged depletions will be accepted, however any <br />future SWSP must measure the distance from the exposed ground water surface area to the <br />Cache La Poudre River based on the centroid of the exposed ground water surface. <br />Replacements <br />Two replacement sources are proposed to replace depletions from the Greeley Pit. A 61.7 acre- <br />foot lease of augmentation water from the Graham Drainage Ditch Company will supply replacement <br />water during the months of May 2010 through October 2010. A 16.4 acre-foot lease of augmentation <br />water from the Platte River Power Authority will provide replacement water from November 2010 through <br />March 2011. Both sources will deliver replacements above the Ogilvy Ditch, which is the first calling <br />water right below the Greeley Pit point of depletion. <br />The Applicant has obtained a lease from the Graham Drainage Ditch Company for 61.7 acre-feet <br />of replacement water from the Graham Seepage & Drainage Canal water right (WDID 0301321). This <br />water right was decreed in case no. W-7818 as developed water, not tributary to the South Platte River. <br />The Court found that 2,800 acre-feet of water was developed by the construction, development, and <br />operation of the Graham Seepage & Drainage Canal; however, historically, only 1,330 acre-feet were <br />consumptively used, with 1,470 acre-feet discharged as waste water to the Cache La Poudre River and <br />its tributaries. In the decree entered in case no. W-7818, the Court indicated that it considered the <br />Supreme Court decisions in the cases of Southeastern Colorado Water Conservancy District et al. v. <br />Shelton Farms and Southeastern Colorado Water Conservancy District v. Colorado-New Mexico Land <br />Co., Inc. 187 Colo. 181, 529 P.2d 13212 (1974). Based on the above, this SWSP will only recognize <br />1,330 acre-feet per year of consumable water. The current lease for the Graham Seepage & Drainage <br />Canal water will provide water for the period of May 2010 through October 2010 and a copy of the lease <br />and its amendment are attached to this letter. Deliveries of replacement water will be measured at a <br />flume located approximately 380 feet from the mouth of the Graham Seep Ditch (WDID 0302906). The <br />mouth of the Graham Seep Ditch is located approximately •1030 feet from the north section line and 1350 <br />feet from the east section line of said Section 36, adjacent to the estimated point of depletion from the <br />Greeley Pit; therefore no transit losses were assessed. The lease amount is sufficient to cover all <br />depletions during the May through October timeframe. <br />An amended lease of 16.4 acre-feet of fully consumable water provided by the Platte River Power <br />Authority ( PRPA) will be used to make replacements during the non-irrigation season of November <br />2010 through March 2011. PRPA has an "Agreement for the Reuse of Water for Energy Generation", <br />dated August 10, 1978, with the City of Fort Collins ("Fort Collins") and Water Supply and Storage <br />Company ("WSSC") that provides PRPA with the right to receive reusable water delivered by Fort <br />Collins. PRPA, Fort Collins, and WSSC also obtained approval of a plan for augmentation including <br />reuse of water in Division 1 Water Court Case no. W-9332-78. In case no. W-9332-78, the Court found <br />that 4,200 acre-feet, or more per year, will be available from Fort Collins to the PRPA to be used primarily <br />for cooling purposes in connection with its Rawhide Energy Facility. Pursuant to the decree in case no. <br />W-9332-78, if PRPA does not require the water for its own purposes, PRPA, Fort Collins, or other water