2010-11-10_HYDROLOGY - M1977151 - Laserfiche WebLink

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Mr. Jared Dains, E.I. Page 4 of 7 November 2, 2010 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 and amended on September 10, 2009, 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. According to the Agreement, releases of leased water to others shall be made in the months of September, October, November, February or March. The releases will be made from Fossil Creek Reservoir to the Cache La Poudre River approximately 26.6 miles upstream of the estimated point of depletion from the Greeley Pit. A 0.25 percent per mile river transit loss for 26.6 miles results in 15.31 acre-feet of water available for augmentation, which is sufficient to cover all depletions during the November through March timeframe. The amended lease was signed on August 2, 2010 and a copy is attached to this letter. SWSP 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 May 1, 2010 and shall be valid through March 31, 2011 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 must be submitted to this office with the statutory fee of $257 no later than March 1, 2011. 2. An application for a new gravel pit well permit for the current use and exposed pond surface area of the Greeley Pit is currently pending with receipt no. 3645746. 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 existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be canceled. 3. The total surface area of the ground water exposed at the Greeley Pit after December 31, 1980 must not exceed 27.4 acres resulting in 70.11 acre-feet of evaporative loss for this plan period. 4. The annual water used at the Greeley Pit for dust control shall not exceed 0.90 acre-feet and the product must be mined above the ground water table and cannot be washed using ground water at the site. Since ground water will not be consumed in the mining of the 90,000 tons of material, the resulting operational losses for this plan period shall not exceed 0.9 acre-feet. 5. Total consumption at the Greeley Pit must not exceed these aforementioned amounts unless an amendment is made to this plan. 6. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water may be used will be allowed only if a new SWSP is approved for those additional uses. 7. Applicant shall replace the net evaporative depletions from the exposed ground water surface area that may occur during the assumed ice covered period (December and January) for any time that the exposed ground water in the pit is not completely covered by ice. 8. All releases of replacement water must be sufficient to cover all out-of-priority depletions in time, place, and amount and must be made under the direction and/or the approval of the